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HomeMy WebLinkAboutAgenda 2017 04-03AGENDA i APRIL 3, 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 (Reverend Wayne A. Johnson, Sr., St. Stephen AME Church) PLEDGE OF ALLEGIANCE (Commissioner Patricia Kusek) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of Child Abuse Prevention Month Proclamation 3. Approval of an Application for the Waiver of Landfill Tipping Fees for the NC Wildlife Resources Commission ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS MINUTES 5 4. Consideration of New Hanover County Board of Education 2016- 2017 Budget Amendment #7 5 5. Consideration of Certain Documents to Issue $220 Million in Hospital Revenue and Revenue Refunding Bonds 40 6. Public Hearing Zoning Ordinance Amendment Request (TA17 -01) - Request by Design Solutions to Amend Article VI and Article VII of the Zoning Ordinance Regarding the Setback, Height, and Buffer Requirements for High Density Developments 40 7. Public Hearing Rezoning Request (Z17 -01) — Request by Design Solutions on Behalf of the Property Owner, College Road Development Partners, LLC, to Rezone 8.04 Acres Located at the 2600 Block of N. College Road, from (CUD) R -10, Conditional Use Residential District, to (CZD) B -2, Conditional Highway Business District, in Order to Develop a Mini - Warehouse Use 40 8. Public Hearing NOTE: After the consent agenda, the Board will consider a request from the petitioner to continue this item to June 5, 2017. Special Use Permit Request (S -630, 7/16) — Request by Hellman, Board of Commissioners - April 3, 2017 Yates, & Tisdale for Optima Towers IV, Applicant, on Behalf of the Property Owner, Home Life, Inc., for a Special Use Permit for a Telecommunications Tower on a 0.80 -Acre Parcel Located at 2020 Corporate Drive 40 9. Public Hearing Rezoning Request (Z -958M, 3/17) - Request by Design Solutions on Behalf of the Property Owner, Lawrence Lawson Heirs, to Rezone 6.9 Acres Located at 4713 Carolina Beach Road, from (CUD) R -10, Conditional Use Residential District, to (CUD) R -10, Conditional Use Residential District, and for a Special Use Permit for a High Density Development Consisting of 96 Dwelling Units 40 10. Public Hearing Special Use Permit Request (S17 -01) — Request by Design Solutions on Behalf of the Property Owner, Church of God of Prophecy, for a Special Use Permit in Order to Operate a Personal Care Facility on 6.87 Acres of Land Located at 1380 N. College Road PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MINUTES 10 11. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 12. 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 - April 3, 2017 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 3, 2017 CONSENT DEPARTMENT: Governing Body 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 March 16, 2017 Regular Meeting held on March 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 - April 3, 2017 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 3, 2017 CONSENT DEPARTMENT: DSS PRESENTER(S): Michelle Winstead,Social Services Director CONTACT(S): Wanda Marino, Social Services Assistant Director SUBJECT: Adoption of Child Abuse Prevention Month Proclamation BRIEF SUMMARY: April is Child Abuse Prevention Month in North Carolina. The New Hanover County Department of Social Services is submitting a proclamation to recognize April as Child Abuse Prevention Month in New Hanover County. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Adoption of Child Abuse Prevention Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - April 3, 2017 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CHILD ABUSE PREVENTION MONTH PROCLAMATION WHEREAS, children are vital to our state's future success, prosperity and quality of life as well as being our most vulnerable assets; and WHEREAS, all children deserve to have safe, stable, nurturing and healthy homes and communities that foster their well- being; and WHEREAS, child abuse and neglect is a public responsibility affecting both the current and future quality of life of a state; and WHEREAS, parents need support and resources to help cope with stress and nurture their children to grow to their full potential; and WHEREAS, effective child abuse prevention strategies succeed because of partnerships created among citizens, human service agencies, schools, faith communities, health care providers, civic organizations, law enforcement agencies, and the business community; and WHEREAS, New Hanover County is committed to preventing child abuse and calls upon the citizens from all walks of life to increase their participation in efforts to support families, and thereby prevent child abuse and strengthen communities. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2017 will be recognized as "Child Abuse Prevention Month" in New Hanover County. The Board calls upon all citizens, community agencies, father groups, medical facilities, elected leaders and businesses to increase their participation in our efforts to support families, thereby preventing child abuse and strengthening the community in which we live. ADOPTED this the 3rd day of April, 2017. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - April 3, 2017 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 3, 2017 CONSENT DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SUBJECT: Approval of an Application for the Waiver of Landfill Tipping Fees for the NC Wildlife Resources Commission BRIEF SUMMARY: The Environmental Management Department has received an application from the North Carolina Wildlife Resources Commission for the waiver of landfill tipping fees. The request includes approximately two (2) tons of boats (approximately eight (8) boats) per year, valued at $100 in tipping fees, to be disposed. These boats are the result of abandoned or seized boats obtained through the NC Wildlife Resources Commission's law enforcement activities. The tonnage requested to be included with this request is equivalent to disposal representing less than one (1) hour of one (1) day of airspace capacity on an annual basis. The waste will be hauled by D &N towing to the NHC Landfill. The landfill has waived a total of $390,122 in tipping fees (7,929 tons) for the current fiscal year through the end of February, 2017, from all sources. The Environmental Management Director recommends approval of the waiver request, with a maximum cap of two (2) tons per year. This request must be renewed annually, and is restricted to waste generated in New Hanover County. STRATEGIC PLAN ALIGNMENT: Effective County Management • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of the waiver of landfill tipping fees for the NC Wildlife Resources Commission for up to two (2) tons of waste generated within New Hanover County, effective from April 2017 through March 2018. ATTACHMENTS: Application - NC Wildlife Resources Commission COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - April 3, 2017 ITEM: 3 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - April 3, 2017 ITEM: 3 APPLICATION FOR WAIVER OF TIPPING FEES This form should be completed and submitted to the Director of Environmental Management for consideration of a waiver of established tipping fees. The Director will review the application and make a recommendation to the Board of County Commissioners. Submit the completed form to: Joe Suleyman Director, Environmental Management 3002 US Highway 421 North Wilmington, NC 28401 SECTION ONE (To be completed by Applicant) Name of Organization: %ti' Address: 314 4� Primary Contact: l `'L 4t Phone: _L9-1-0 }fin (( - t-1 Email Address: Lf-e ✓ pr-e: ka l ( lie 1.) What is the mission of your organization? 2.) What type of service(s) do /does your organization provide to the residents of New Hanover County? 3.) Outline the necessity of this request and its impact on your organization: r'e C1 %A k, !7 �C++ � 0 tl / Board of Commissioners - April 3, 2017 ITEM: 3 -1 -1 4.) Have tipping fees been waived in the past for this organization (circle one)? r"\ YES NO 5.) Please" attach a copy of any documentation of your organization's IRS status A 6.) What waste removal /hauling company will be transporting your waste? (ZZv) 7w 13 / .� 9 7.) What is the estimated amount (in tons or cubic yards) of expected waste generation? 2, Tons OR Cubic Yards 8.) Check type(s) of waste: _Garbage or refuse _Construction waste V,,//Bulky waste (mattresses, furniture, etc.) 9045 �8� I hereby certify that the information above is true and accurate, and that I a►n authorized by my organization to submit this request on its behalf. I also understand that it is my organization's responsibility to ensure that no hazardous or prohibited wastes will be disposed of. Signature: ' 3 Date: 4�-5 /3 / SECTION TWO (To be completed by NHC DEM) 1 n'elti the tipping fee waiti�er request and MMEN DO NOT RECOMMEND approval (circle one). Signature: Cc: NHC Landfill Mgr. Clerk to the Board Board of Commissioners - April 3, 2017 ITEM: 3 - 1 - 2 Date: 3- /3 - / NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 3, 2017 REGULAR DEPARTMENT: Strategy & Budget PRESENTER(S): Mary Hazel Small, Chief Financial Officer, NHCS CONTACT(S): Elizabeth Schrader, Chief Strategy and Budget Officer 111.318141 IF Consideration of New Hanover County Board of Education 2016 -2017 Budget Amendment #7 BRIEF SUMMARY: On March 7, 2017, the New Hanover County Board of Education adopted 2016 -2017 Budget Amendment #7, which: 1) Budgets a $285,000 Lottery Funds appropriation to complete the Laney High School switchgear project. This Lottery Fund project was part of the NHCS capital budget adopted on July 12, 2016 by Board of Education. The application for this $315,000 lottery project was previously approved by the New Hanover County Board of Commissioners at the August 22, 2016 meeting. 2) Appropriates $67,000 in rebated sales tax revenue to purchase a replacement refrigeration truck for the Child Nutrition program. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve NHCS Budget Amendment #7. ATTACHMENTS: NHCS Budget Amendment #7 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Continued until the April 17, 2017 agenda at the request of New Hanover County Schools. Board of Commissioners - April 3, 2017 ITEM: 4 Capital Outlay Cummulative Budget Summary: Revenue Source: Federal Sources $ - Current Budget $ _ Amendment #7 Revised Budget Purpose /Function: Fund Balance Appropriation 2,105,843 - 2,105,843 New Hanover County (includes Bond) 147,738,636 Instructional services: 147,738,636 Other Revenues - 67,000 67,000 State Sources Regular Instruction $ 13,479 Transfer from Other Funds - $ 13,479 Special Populations $ 155,009,306 - $ 155,361,306 _ Alternative Programs School Leadership Co- Curricular School -Based Support - _ subtotal $ 13,479 $ - $ 13,479 System -wide support services: Support and Development $ _ $ _ $ _ Special Population Support and Development - _ Alternative Program Support and Development - _ Technology Support - _ _ Operational Support 1,884,765 67,000 1,951,765 Financial and Human Resources - _ Accountability System -Wide Pupil Support Policy, Leadership and Public Relations subtotal $ 1,884,765 $ 67,000 $ 1,951,765 Ancillary: Community Services $ - $ _ $ _ Nutrition Services 28,557 28,557 subtotal $ 28,557 $ - $ 28,557 Capital Outlay: Capital Outlay $ 153,068,694 $ 285,000T_$ 153,353,694 Non - programmed charges: Payments to Other Governments $ - $ - $ _ Unbudgeted & Indirect Cost 13,811 13,811 Transfer to Other Funds - _ _ Scholarships _ _ _ subtotal $ 13,811 $ - $ 13,811 Total Appropriation $ 155,009,306 $ 352,000 $ 155,361,306 Revenue Source: Federal Sources $ - $ _ $ _ Food Sales Fund Balance Appropriation 2,105,843 - 2,105,843 New Hanover County (includes Bond) 147,738,636 - 147,738,636 Other Revenues - 67,000 67,000 State Sources 5,164,828 285,000 5,449,828 Transfer from Other Funds - _ _ Total Revenue $ 155,009,306 $ 352,000 $ 155,361,306 Explanation: To budget Lottery appropriation received for Laney Switchgear Project ($285,000) and Sales Tax Revenue to replace refrigeration truck for Child Nutrition ($67,000) to ensure food delivered at safe temperatures. Board of Commissioners - April 3, 2017 ITEM: 4 - 1 - 1 Bond Program Summary Budget by Funding Source and Project #. Funding Source/ Project Budget Project # Program Project Description (Multi -Year) Current Budget Amendment #7 Revised Budget PSBCF - Lottery Revenue: 801 9158.15 076 Sidbury Road Complex 9162.16 076 Wrightsboro Floor Replacement 9163.16 076 Laney Painting 9164.16 076 Fire Alarm Replacement 9165.16 076 Eaton and Codington Carpet Replacement 9167.16 076 Bellamy Painting 9168.16 076 Williams Service Ramp 9169.16 076 Laney Restroom Renovations 9170.16 076 Bellamy & Murray Traffic Improvements 9171.16 076 Sidbury Road Roadway Improvements 9172.17 076 Playground Equipment Replacement 9173.17 076 NHHS - Cafeteria Serving Line Renovation 9174.17 076 Brogden Hall - Floor Tile Abatement 9175.17 076 Laney - Electrical Switchgear Replacement 9176.17 076 Gregory - Cooler /Freezer Replacement 9177.17 076 Freeman - Boiier Replacement 9178.17 076 Eaton & Codington - Carpet Replacement 9179.17 076 Bellamy - Boiler Replacement 9180.17 076 Ashley - Underground Fire Sprinkler Line 9181.17 076 Access Control System Upgrade DPI School Bus Revenue: 125,000.00 50,000.00 6550 120 School Bus Leases (DPI) Local Funding: 8500 801 Capital Outlay Contingency 5110.16 801 Furniture & Equipment 6550.16 801 Vehicles 7200.10 801 Roe Kitchen Upgrades 9160.16 801 Lakeside Demolition 9161.16 801 Roe Renovation 5110 814 Furniture and Equipment 9115 815 Playground Equip Rplmt & Access 9137 815 Mobile Classroom Replacement County Capital Appropriation: 5110 816 6580 816 9157 816 9158 816 9160 816 9161 816 Furniture and Equipment Maintenance Equipment Sidbury Road Transportation Sidbury Road Complex Lakeside - Phase II Sidbury Road Tree Replacement 1,163,569.00 1,174,035.94 1,174,035.94 54,000.00 37,260.00 37,260.00 180,000.00 159,600.00 159,600.00 36,000.00 32,611.52 32,611.52 144,000.00 23,129.98 23,129.98 80,000.00 80,000.00 80,000.00 45,000.00 40,700.00 40,700.00 38,250.00 402,271.13 402,271.13 80,000.00 74,215.00 74,215.00 473,000.00 308,431.00 308,431.00 100,000.00 100,000.00 100,000.00 25,000.00 25,000.00 25,000.00 185,000.00 185,000.00 185,000.00 315,000.00 30,000.00 285,000.00 315,000.00 40,000.00 40,000.00 40,000.00 125,000.00 125,000.00 125,000.00 50,000.00 50,000.00 50,000.00 125,000.00 125,000.00 125,000.00 85,000.00 85,000.00 85,000.00 195,500.00 195,500.00 195,500.00 $ 3,539,319.00 $ 3,292,754.57 $ 285,000.00 $ 3,577,754.57 $ 2,120,161.00 $ 1,872,073.00 $ 1,872,073.00 n/a 13,811.29 13,811.29 110,000.00 1,575.81 1,575.81 189,500.00 8,008.81 67,000.00 75,008.81 46,625.00 28,557.22 28,557.22 348,500.00 233,381.02 233,381.02 204,200.00 60,353.56 60,353.56 109,241.41 7,898.97 7,898.97 100,000.00 29,618.73 29,618.73 852,211.94 300,661.50 300,661.50 $ 1,960,278.35 $ 683,866.91 $ 67,000.00 $ 750,866.91 75,875.00 4,003.99 4,003.99 55,800.00 4,683.21 4,683.21 2,436,155.00 2,299,443.48 2,299,443.48 913,845.00 613,845.00 613,845.00 465,000.00 465,000.00 465,000.00 50,000.00 50,000.00 50,000.00 $ 3,9969675.00 $ 3,436,975.68 $ - $ 3,436,975.68 Board of Commissioners - April 3, 2017 ITEM: 4 - 1 - 2 Funding Source/ Project Budget Project # Program Project Description (Multi -Year) Current Budget Amendment #7 Revised Budget 2014 Bond Program: 9001.01 900 Northeast ES 17,011,380.00 10,092,445.44 10,092,445.44 9002.03 900 College Park ES Rplmt 17,011,381.00 16,733,119.00 16,733,119.00 9003.05 900 Blair ES Rplmt 17,011,381.00 16,708,090.80 16,708,090.80 9004.06 900 Laney HS Addns & Renovns 11,245,057.78 12,631,007.85 12,631,007.85 9005.08 900 Hoggard HS Addns & Renovns 15,915,488.77 14,626,241.73 14,626,241.73 9006.09 900 New Hanover HS Renovns 6,511,894.00 5,712,158.03 5,712,158.03 9007.10 900 Roland Grise MS Renovns 11,660,898.00 11,659,550.33 11,659,550.33 9008.11 900 Noble MS Renovns 7,906,664.00 7,906,664.00 7,906,664.00 9009.12 900 Trask MS Renovns 9,901,100.00 9,901,100.00 9,901,100.00 9010.13 900 Myrtle Grove MS Renovns 8,727,903.00 8,727,903.00 8,727,903.00 9011.14 900 Wrightsville Beach ES Addns & Renovns 7,332,492.00 7,332,492.00 7,332,492.00 9012.07 900 Technology - Network Infrastructure 5,690,014.00 4,842,431.43 4,842,431.43 9013.07 900 Technology - Security Cameras 3,402,276.00 3,161,279.33 3,161,279.33 9014.07 900 Technology - VoIP Core Infrastr /Equip 469,279.00 469,279.00 469,279.00 9015.04 900 Sunset Park Roof Rplmt 219,800.00 - - 9017.04 900 Trask Roof Rplmt 1,808,970.00 1,808,970.00 1,808,970.00 9018.04 900 Laney Roof Rplmt 517,249.00 402,251.12 402,251.12 9019.04 900 Johnson Roof Rplmt 6,272.45 - - 9020.04 900 Hoggard HS Roof Rplmt 499,722.00 499,722.00 499,722.00 9022.04 900 Pine Valley Roof Rplmt 336,434.00 206,565.26 206,565.26 9027.04 900 Veterans Park Roof Coating 1,226,276.00 1,226,276.00 1,226,276.00 9028.04 900 Noble Abmt/Carpet Rplmt 304,553.00 108,113.61 108,113.61 9029.04 900 Hoggard Abmt/Carpet Rplmt 681,750.00 660,540.50 660,540.50 9030.04 900 Laney Abmt/Carpt Rplmt 516,208.00 435,676.87 435,676.87 9034.04 900 Codington HVAC Imprmts 260,720.00 - - 9035.04 900 Eaton HVAC Imprmts 261,525.00 - - 9036.04 900 Veterans Park HVAC Imprmts 367,474.00 237,092.33 237,092.33 9037.04 900 New Hanover HVAC Imprmts 360,459.00 360,459.00 360,459.00 9038.04 900 Bradley Creek HVAC Imprmts 1,611,757.00 852,591.33 852,591.33 9039.04 900 Johnson HVAC Imprmts 1,611,758.00 935,614.81 935,614.81 9040.04 900 HVAC & Controls Imprmts at Var Schools 1,509,314.00 1,491,875.94 1,491,875.94 9041.15 900 Program Management 3,106,796.00 2,823,659.62 2,823,659.62 9042.16 900 Contingency 3,268,541.00 1,485,377.87 1,485,377.87 9043.04 900 Carolina Beach Roof Rplmt 151,774.00 109,648.93 109,648.93 9044.04 900 Roland Grise Roof Rplmt 394,916.00 394,916.00 394,916.00 9045.04 900 Gregory Roof Rplmt 569,386.00 569,386.00 569,386.00 9046.04 900 NHHS Roof Rplmt 611,137.00 611,137.00 611,137.00 $ 160,000,000.00 $ 145,723,636.13 $ - $ 145,723,636.13 $ 171,616,433.35 $ 155,009,306.29 $ 352,000.00 $ 155,361,306.29 Board of Commissioners - April 3, 2017 ITEM: 4 - 1 - 3 NEW HANOVER COUNTY BOARD OF EDUCATION Budget Amendment #: Be it resolved by the New Hanover County Board of Education that the following amendments be made to the Budget Resolution for the fiscal year ending June 30, 2017. Revenue Source: Federal Sources State Public School Fund (1) Local Current Expense Fund (General) (2) Federal Grant Fund (3) Other Restricted Revenue Fund (8) Subtotal Operating Budget Capital Outlay Fund (4) Enterprise Fund (5) Private Purpose Trust Fund (6) Total Amendment Purpose /Function: $ $ - - $ - Fund Balance Appropriations $ $ Instructional services: $ New Hanover County $ $ $ Regular Instruction $ (73,166) $ 466,618 $ (13,238) $ 5,400 $ 385,615 $ $ State Sources $ 385,615 Special Populations $ 574,483 - (396,679) $ 773,789 480,950 1,432,543 $ - $ 1,432,543 Alternative Programs $ (456,929) 203,158 $ 304,446 $ 6,912 (139,654) (88,979) 1,216,209 $ 352,000 $ $ (88,979) School Leadership $ 13,000 (60,220) $ (21) (47,242) $ (47,242) Co- Curricular $ - $ - - $ _ School -Based Support 1 $ 108,913 1 (218,964)1 $ 277,956 (41,424)1 126,482 i $ 126,482 subtotal 1 $ 166,300 1 $ (6,087)1 $ 1,342,933 1 $ 305,273 1 $ 1,808,419 1 $ $ $ $ 1,808,419 System -wide support services: Support and Development $ - $ 700 $ (149,372) $ - $ (148,672) $ $ $ (148,672) Special Population Support and Development $ (57,103) 400 $ 1,418 158,945 103,659 $ 103,659 Alternative Program Support and Development $ 1,002 (10,898) $ (2,369) (11,043) (23,308) $ (23,308) Technology Support $ 717 1,908 $ - - 2,625 $ 2,625 Operational Support $ 58,020 26,308 $ (10,540) (37,635) 36,154 67,000 $ 103,154 Financial and Human Resources $ (13,230) 202 $ 151,640 138,612 - $ 138,612 Accountability $ - $ - $ - System -Wide Pupil Support $ 6,807 1 $ 6,807 $ 6,807 Policy, Leadership and Public Relations $ 6,353 (8,427) $ (2,074) $ (2,074) subtotal $ (4,241) $ 17,000 $ (9,223) $ 110,267 $ 113,803 $ 67,000 $ $ $ 180,803 Ancillary: Community Services $ - $ - $ $ - $ - $ - $ Nutrition Services $ 5,875 (4,000) $ $ 1,875 $ 1,875 subtotal $ 5,875 $ (4,000) $ $ $ 1,875 $ $ $ $ 1,875 Capital Outlay: Capital Outlay $ - $ $ $ $ - $ 285,000 1 $ $ 285,000 Non - programmed charges: Payments to Other Governments $ $ $ 8,010 $ (90,950) $ (82,940) $ - $ $ (82,940) Unbudgeted & Indirect Cost $ $ 14,948 (639,895) (624,947) $ (624,947) Transfer to Other Funds $ $ - $ Scholarships $ $ - $ subtotal $ - $ - $ 22,958 1 $ (730,845) $ (707,887) $ $ $ $ (707,887) Total Appropriation $ 167,934 $ 6,912 $ 1,356,668 1 $ (315,305)1 $ 1,216,209 1 $ 352,000 $ $ $ 1,568,209 Revenue Source: Federal Sources $ $ $ 1,356,668 $ (320,705) $ 1,035,963 $ $ $ 1,035,963 Food Sales $ $ - - $ - Fund Balance Appropriations $ $ $ New Hanover County $ $ $ _ Other Revenues $ 6,912 $ 5,400 1 12,312 1 67,000 1 $ 79,312 State Sources $ 167,934 - $ - 167,934 285,000 $ 452,934 Transfer from Other Funds $ - $ $ Total Revenue $ 167,934 $ 6,912 $ 1,356,668 $ (315,305 1,216,209 $ 352,000 $ $ $ 1,568,209 Passed by majority vote of the New Hanover County Board of Education of ly6rth Jarolina on the 7th Day of March, 2017. Chairman New Hanover County Board of Education of Education Board of Commissioners - April 3, 2017 ITEM: 4 - 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 3, 2017 REGULAR DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher, CFO and Ed 011ie, NHRMC Executive VP & CFO SUBJECT: Consideration of Certain Documents to Issue 5220 Million in Hospital Revenue and Revenue Refunding Bonds BRIEF SUMMARY: New Hanover Regional Medical Center (the "Medical Center ") is requesting New Hanover County to issue Hospital Revenue Bonds and Hospital Refunding Revenue Bonds in an amount not to exceed $220 million. Debt service on these bonds will be paid for through the revenues generated by the Medical Center and not County dollars. Of the $220 million, an amount not to exceed $155 million are Hospital Revenue Bonds for costs of various capital improvements and equipment to the Medical Center, including a new orthopedic and spine hospital, the expansion and renovation of the existing intensive care unit, the renovation of the existing ground and first floors of the Zimmer Cancer Center, the construction and renovation to the main campus emergency department, and the construction of a five level parking deck and sky bridge. The remaining not to exceed amount of $65 million issued will be Hospital Revenue Refunding Bonds to refund all or a portion of the County's Variable Rate Hospital Revenue Bonds, Series 2006A and Series 2006B. The 2006 bonds will only be refunded if financially advantageous to the County and the Medical Center. County staff is requesting approval to apply to the Local Government Commission and request the Board direct a public hearing to be held on May 1, 2017 related to the bond issuance. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Build and maintain infrastructure RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution and set public hearing for May 1, 2017. ATTACHMENTS: Preliminary Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - April 3, 2017 ITEM: 5 Adopt resolution and set public hearing for May 1, 2017. COMMISSIONERS' ACTIONS: Adopted the resolution and set public hearing for May 1, 2017 by a vote of 5 -0. Board of Commissioners - April 3, 2017 ITEM: 5 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE AND REVENUE REFUNDING BONDS AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS WHEREAS, the Board of Commissioners (the "Board") for the County of New Hanover, North Carolina (the "County ") has determined that it is advisable to issue its hospital revenue and revenue refunding bonds (the "Bonds ") in an amount not to exceed $220,000,000 to (a) finance or reimburse New Hanover Regional Medical Center (the "Corporation ") for the cost of various capital improvements and equipment for the Corporation's health care facilities, including, without limitation, (i) the construction and equipping of a new orthopedic and spine hospital with addition of three 36 -bed patient floors with 134,000 square feet on top of the existing surgical pavilion on the Corporation's main campus, (ii) the expansion and renovation of the existing 21,260 square feet intensive care unit to include refurbishing 40 existing intensive care unit patient rooms and installing new nursing stations and renovating staff support spaces, (iii) the renovation of the existing ground and first floors of the Zimmer Cancer Center to create a new lobby and central registration and provide outpatient cancer care functions including a medical oncology clinic, a lab, a pharmacy, 50 infusion bays and a waiting concourse, (iv) the construction and renovation to the main campus emergency department which will increase the number of treatment bays from 54 to 107, and (v) the construction of a precast concrete five level parking deck and sky bridge with 720 parking spaces, stairs and elevators and new metal structure single span covered pedestrian bridge and other related items (collectively, the "2017 Project "), (b) refund in advance of their maturities all or a portion of the County's Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical Center Project), Series 2006A and Series 2006B (collectively, the "2006 Bonds ") and (c) finance certain costs of issuance relating to the Bonds; WHEREAS, the 2006 Bonds (i) were issued to finance the 2006 Project (as defined in Exhibit A hereto and, together with the 2017 Project, the "Project ") and (ii) will be refunded only if financially advantageous to the County and the Corporation; WHEREAS, the Board desires to authorize the County Manager, the Finance Director and the County Attorney of the County to apply to the Local Government Commission of North Carolina for its approval of the issuance of Bonds for the purposes set forth above; WHEREAS, the Board desires to retain Fifth Third Securities, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co- senior managing underwriters; Parker Poe Adams & Bernstein LLP, as bond counsel; Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to the Corporation; Womble Carlyle Sandridge & Rice, LLP, as underwriters' counsel; and U.S. Bank National Association, as trustee and escrow agent to the extent that 2006 Bonds are refunded; Now, THEREFoREBEITRE'SOLVEV by the Board, as follows: Section 1. That the County Manager, the Finance Director and the County Attorney of the County (together with any officers of the Corporation) are hereby authorized and directed to file an application with the Local Government Commission for its approval of the issuance by the County of the Bonds. Section 2. That the Board finds and determines and asks that the Local Government Commission find and determine from the County's application and supporting documentation: (a) That the bond issue is necessary and expedient; PPAB 35664730 Board of Commissioners - April 3, 2017 ITEM: 5 -1 -1 (b) That amount of the Bonds is adequate and not excessive for the purposes described herein; (c) That the 2017 Project is feasible; (d) That the County's debt management procedures and policies are good; and (e) That the Bonds can be marketed at a reasonable interest cost to the County. Section 3. That the Chairman and Vice Chairman of the Board, the County Manager, the County Attorney, the Finance Director, and the Clerk to the Board are hereby authorized to do any and all things necessary to effectuate the issuance of the Bonds. Section 4. That Fifth Third Securities, Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as co- senior managing underwriters; Parker Poe Adams & Bernstein LLP, as bond counsel; Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., as counsel to the Corporation; Womble Carlyle Sandridge & Rice, LLP, as underwriters' counsel; and U.S. Bank National Association, as trustee and escrow agent, shall be retained. Section 5. That the Local Government Commission is hereby requested to sell the Bonds at private sale without advertisement to any purchaser or purchasers thereof, at such prices as the Local Government Commission and the Board determine to be in the County's best interest in accordance with the provisions of Section 159- 123(b) of the General Statutes of North Carolina, as amended. Section 6 A public hearing for the proposed Bonds is hereby called and will be held at the Board's regular meeting on May 1, 2017. A notice of public hearing substantially in the form attached as Exhibit A hereto shall be published at least 14 days prior May 1, 2017. Section 7 That this Resolution shall become effective on the date of its adoption. PPAB 3566473v4 2 Board of Commissioners - April 3, 2017 ITEM: 5 - 1 - 2 STATE OF NORTH CAROLINA SS: COUNTY OF NEW HANOVER I, Kymberleigh G. Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of the resolution titled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA DIRECTING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR APPROVAL OF THE ISSUANCE OF HOSPITAL REVENUE BONDS AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS" adopted by the Board of Commissioners for the County of New Hanover, North Carolina in regular session convened on the 3rd day of April, 2017, as recorded in the minutes of the Board of Commissioners for the County of New Hanover, North Carolina. WITNESS my hand and the seal of the County of New Hanover, North Carolina, this the 3rd day of April, 2017. (SEAL) Kymberleigh G. Crowell, Clerk to the Board of Commissioners County of New Hanover, North Carolina PPAB 3566473v4 3 Board of Commissioners - April 3, 2017 ITEM: 5 - 1 - 3 EXHIBIT A NOTICE OF PUBLIC HEARING BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA REGARDING THE FINANCING OF HOSPITAL IMPROVEMENTS WITH THE PROCEEDS OF TAX - EXEMPT BONDS NOTICE IS HEREBY GIVEN to all interested persons that the Board of Commissioners (the "Board") of the County of New Hanover, North Carolina (the "County ") has been requested to issue its hospital revenue and revenue refunding bonds (the "Bonds ") for the benefit of New Hanover Regional Medical Center (the "Corporation ") in an aggregate principal amount not to exceed $220,000,000 to (a) be used, together with other available funds, to (a) finance or reimburse the Corporation for the cost of various capital improvements and equipment for the Corporation's health care facilities, including, without limitation, (i) the construction and equipping of a new orthopedic and spine hospital with addition of three 36 -bed patient floors with 134,000 square feet on top of the existing surgical pavilion on the Corporation's main campus, (ii) the expansion and renovation of the existing 21,260 square feet intensive care unit to include refurbishing 40 existing intensive care unit patient rooms and installing new nursing stations and renovating staff support spaces, (iii) the renovation of the existing ground and first floors of the Zimmer Cancer Center to create a new lobby and central registration; and provide outpatient cancer care functions including a medical oncology clinic, a lab, a pharmacy, 50 infusion bays and a waiting concourse, (iv) the construction and renovation to the main campus emergency department which will increase the number of treatment bays from 54 to 107, and (v) the construction of a precast concrete five level parking deck and sky bridge with 720 parking spaces, stairs and elevators and new metal structure single span covered pedestrian bridge and other related items (collectively, the "2017 Project "), (b) refund in advance of their maturities all or a portion of the County's Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical Center Project), Series 2006A and Series 2006B (collectively, the "2006 Bonds "), the proceeds of which were used to finance the 2006 Project (defined below) and (c) finance certain costs of issuance relating to the Bonds. The 2006 Bonds financed the (i) construction of a surgery pavilion and related facilities, (ii) construction of a women's and children's pavilion and related facilities, (iii) renovation and expansion of the central energy plant to accommodate the expansion of the Corporation's campus and (iv) development of a new loop road, reconfiguration of existing parking lots and site work at the Corporation's campus (collectively, the "2006 Project "). Components (i) through (iv) above of the 2017 Project and all of the 2006 Project are or will be located on the Corporation's main campus located at 2131 S. 17th Street, North Carolina 28401. Component (v) above of the 2017 Project will be located on S. 17th Street, across from the Corporation's main campus (the current address of which is 2029 S. 17th Street, North Carolina 28401). Each of the components of the 2017 Project and the 2006 Project are or will be owned or leased and operated by the Corporation. NOTICE IS HEREBY GIVEN that Board will hold a public hearing in Assembly Room of the New Hanover County Historic Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina on May 1, 2017 at 4:00 p.m. or as soon as practicable thereafter, at which time any person may be heard regarding the proposed issuance of the Bonds. Any person wishing to comment in writing on the issuance of the Bonds should do so within fourteen (14) days after the date of publication of this notice to the Clerk to the Board of the County: by mail or overnight delivery at 230 Government Center Drive, Suite 165, Wilmington, North Carolina, 28403. COUNTY OF NEW HANOVER, NORTH CAROLINA By: Kymberleigh G. Crowell Clerk to the Board A -1 PPAB 35664730 Board of Commissioners - April 3, 2017 ITEM: 5 - 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 3, 2017 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Vice Chair Ernest Olds) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor SUBJECT: Public Hearing Zoning Ordinance Amendment Request (TA17 -01) - Request by Design Solutions to Amend Article VI and Article VII of the Zoning Ordinance Regarding the Setback, Height, and Buffer Requirements for High Density Developments BRIEF SUMMARY: The applicant is seeking to amend certain regulations for high density developments. A high density development is a residential development that exceeds the density limits of the applicable zoning district. These developments are permitted in the R -10, R -15, R -20, and O &I zoning districts with a special use permit, and in the PD zoning district by- right. In order to mitigate potential impacts high density developments may have on the surrounding area, the Zoning Ordinance contains specific regulations for the use. These regulations include requiring increased setbacks and additional bufferyards. The application proposes to reduce the setbacks /density fringe area, height, and bufferyard requirements of high density developments. The proposed changes, along with staffs recommendations, are detailed in the staff summary. The Planning Board considered this application at their March 2, 2017 meeting. At the meeting, one resident, Michael Lee, spoke in favor of the application. The Planning Board discussed issues regarding the setback portion of the application, citing concerns of the potential impacts that would be generated on detached residential developments if the setbacks are substantially reduced. The Board further stated that additional time and research should be conducted in order to determine appropriate setbacks for high density development, and that the UDO process would provide an opportunity to examine these standards more closely. The Planning Board recommended denial (6 -0) of the setback portion of the application, finding that it is: 1. Not consistent with the purposes and intent of the 2016 Comprehensive Plan, with particular emphasis on the protection of existing neighborhoods. 2. Not reasonable and not in the public interest because of possible impacts it may generate on the harmony and value of existing neighborhoods. The Planning Board recommended approval (6 -0) of the height and buffer portions of the application, finding that they are: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it follows the guidelines established for the subject place types. 2. Reasonable and in the public interest because it follows the guidelines established for the subject place types. Board of Commissioners - April 3, 2017 ITEM: 6 Staff, on the other hand, is recommending approval of all three portions of the application as explained in the staff summary. Staffs suggested motion is stated below. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of all three portions of the application. Overall, the proposal would better promote the compact mixed use development pattern encouraged throughout the Comprehensive Plan. Staff suggests the following motion: Motion to approve the amendment as presented by staff, as the Board finds that this request as described is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it promotes mixed use development patterns that are encouraged throughout the Plan. 2. Reasonable and in the public interest because the proposal updates outdated requirements that may hinder mixed use development patterns; which promote business success, maximize the efficient use of land, and support alternative modes of transportation, reducing the dependency on the automobile. Example Motion for Approval: Motion to approve, as the Board finds that this request for a zoning ordinance amendment is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how the amendment is consistent]. 2. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, applicable plans, or balancing benefits and detriments.]. Example Motion for Denial: Motion to deny, as the Board finds that this request for a zoning ordinance amendment is: 1. Not Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how the amendment is not consistent]. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, applicable plans, or balancing benefits and detriments.]. ATTACHMENTS: TA 17-01 Script for BOC TA 17-01 Staff Summary BOC Applicant Materials Cover Sheet TA17 -01 Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - April 3, 2017 ITEM: 6 Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - April 3, 2017 ITEM: 6 SCRIPT FOR Zoning Ordinance Text Amendment (TA17 -01) Request by Design Solutions to amend Article VI and Article VII of the Zoning Ordinance regarding the setback, height, and buffer requirements for height density developments. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed up to 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board Discussion 5. Vote on amending Articles VI and VII. 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 approve 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; or • Motion to deny the amendment proposal based on specific reasons, such as the proposal is not consistent with the land use plan and /or the proposal is not reasonable and /or the proposal is not in the public interest. 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. Example Motion for Approval: Motion to approve, as the Board of Commissioners find that this request for a zoning ordinance amendment is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how the amendment is consistent]. 2. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, applicable plans, or balancing benefits and detriments.]. Example Motion for Denial: Motion to deny, as the Board of Commissioners find that this request for a zoning ordinance amendment is: 1. Not Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how the amendment is not consistent]. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, applicable plans, or balancing benefits and detriments.]. STAFF SUMMARY OF TA 17 -01 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TAI 7-01 Request: To amend the setback, density fringe area, height, and buffer requirements of high density developments. Applicant: Subject Ordinance: Cindee Wolf of Design Solutions Zoning Ordinance Subject Article(s) and Section(s): • Article VII: Provisions for Uses Allowed as Special Uses o Section 72 -43: High Density Development • Article VI: Supplementary District Regulations o Section 62.1 -4: Additional Requirements for Berms and for Yards in which Buffers are Required BACKGROUND The applicant is seeking to amend certain regulations for high density developments. A high density development is a residential development that exceeds the density limits of the applicable zoning district. These developments are permitted in the R -10, R -15, R -20, and 0&1 zoning districts with a special use permit, and in the PD zoning district by- right. Also, high density developments are only permitted in the Urban Mixed Use, Community Mixed Use, and Employment Center place types, and must have access to a major or minor arterial street. In order to mitigate potential impacts high density developments may have on the surrounding area, the Zoning Ordinance contains specific regulations for the use. These regulations include requiring increased setbacks and additional buffer strips. The application proposes to reduce the setbacks /density fringe area, height, and buffer strip requirements of high density developments. Below, staff examines each requirement individually and offers a recommendation on each. PART 1 — SETBACKS /DENSITY FRINGE AREA Proposed Text Red and Underline //il� — Petitioner's Proposed Additions /Deletions Article VII: Provisions for Uses Allowed as Special Uses — Section 72 -43: High Density Development 1 (5) Setbacks and Uses 2 (A) The required minimum setback for High Density development shall not be less than 3 twenty -five � feet. (7/5/95) When such projects are located and adjacent to any 4 existing detached residential development (not including Mobile Home Parks or other 5 High Density or Planned Developments), structures over twenty -five (25) feet in height 6 shall be setback a distance equal to the height of the structure. TA17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 6 - 2 - 1 Page 1 of 7 8 1. ReEluiFed — (Building Height) �E (2.75) setbetek 9 2. Reductiens in setbeeks 17 10 (1) The Feeluired be in Seetien 62. in setbeeks may Feelueed as speEified 11 18 . 12 3. Uses in t 13 strip in the High Density eleyelelarnent 21 14 22 15 23 16 Community Required Setback Wilmington Setbacks range from 5 to 35 feet depending on property line (front, 17 , eF 18 . 19 20 1 . The density %,ithin the 200 feet wide strip in the High Density eleyelelarnent 21 22 23 . 24 25 26 #elle%,s: 27 28 a. Required setback — (Building Height) )( (3.73) 29 b. The Feeluired setbecks may be redueed cis speEified in Seetien 62. in 30 r e-5e, h'e,vveyer, she" the rniningurn ,.al-.ack be less alpeig 50 feet 31 33 .cam (3 /5 /9 34 35 (C—) LB) In no case shall any part of a detached single - family dwelling unit be located closer 36 than ten (10) feet to any part of any other detached single - family dwelling, and in 37 no case shall any part of a multiple dwelling unit be located closer than twenty (20) 38 feet to any part of another dwelling unit. (6/1 /92) Staff's Position Currently, when high density developments are located adjacent to a detached single - family development, the setback is based on the height of the structure and the housing type. Specifically, the required setbacks are calculated by multiplying the structure's height by either 2.75 or 3.73. For a typical 35- foot -tall, three -story apartment building, the Zoning Ordinance would require a setback of 130 feet. When comparing the setback requirements to other similar or nearby communities' multi - family standards, staff found that the county's requirements are by far the strictest: Multi - Family Setbacks Community Required Setback Wilmington Setbacks range from 5 to 35 feet depending on property line (front, side, or rear) and zoning district. Setbacks are increased when TA17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 6 - 2 - 2 Page 2 of 7 The current text also limits the density of high density developments containing attached housing units when they are located within 200 feet of an existing detached residential structure or platted lot. Specifically, the density within this area must be no greater than three times the maximum density allowed in the adjacent detached residential development. For example, a high density development would only permit 7.5 dwelling units per acre in the 200 foot "density fringe area" abutting a detached residential development in the R -1 5 zoning district, which permits 2.5 dwelling units per acre. The proposed text would reduce the setback requirement and completely remove the "density fringe area ". The proposed setbacks would be from 25 feet up to the height of the structure, which is currently a maximum of 35 feet. However, the applicant is requesting the maximum height requirement of the high density developments to be increased to 40 feet as explained in Part 2 of this summary. With the adoption of the 2016 Comprehensive Plan, high density mixed use developments are encouraged in appropriate place types. As previously stated high density developments are permitted in areas classified as Employment Center, Urban Mixed Use, and Community Mixed Use on the county's Future Land Use Map. These place types promote compatible uses to be located next to one another in order to make alternative modes of transportation more viable. The current setbacks and density requirements may hinder the type of development promoted in the Comprehensive Plan from locating in the areas where they are most appropriate. Suitable areas would include the infrastructure (transportation network, utilities, and supporting nonresidential uses) to support multi - family development and overall, the mixed use development pattern which promotes alternative modes of transportation and maximizing the efficient use of land. Further, these high density developments require review from the Planning Board and Board of Commissioners, either through the special use permit process or through a rezoning to the PD zoning district. These processes provide for the opportunity for potential impacts of the proposed development to be closely examined, and if determined to be necessary, additional conditions like increased setbacks can be added. Therefore, staff is supportive of this portion of the proposed amendment. TA17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 6 - 2 - 3 Page 3 of 7 buildings exceed 35 feet in height. Maximum building height is 96 feet. Guilford County Sides: 10 feet. Rear: 25 feet. Front: 25 -95 feet depending on the street classification, zoning district, and height of the structure. No additional setbacks for multi - family developments. However, multi - family developments generally only consist of only 2 -4 unit Wake County buildings and require additional land area. Large apartment complexes generally must annex into a municipality in order to obtain access to utilities. Greenville, NC 20 foot setback along all property lines. The setback increases by one foot for each foot in height the structure is over 35 feet tall. Pender County Setbacks are determined by the Planning Board and Board of Commissioners through the rezoning process. The current text also limits the density of high density developments containing attached housing units when they are located within 200 feet of an existing detached residential structure or platted lot. Specifically, the density within this area must be no greater than three times the maximum density allowed in the adjacent detached residential development. For example, a high density development would only permit 7.5 dwelling units per acre in the 200 foot "density fringe area" abutting a detached residential development in the R -1 5 zoning district, which permits 2.5 dwelling units per acre. The proposed text would reduce the setback requirement and completely remove the "density fringe area ". The proposed setbacks would be from 25 feet up to the height of the structure, which is currently a maximum of 35 feet. However, the applicant is requesting the maximum height requirement of the high density developments to be increased to 40 feet as explained in Part 2 of this summary. With the adoption of the 2016 Comprehensive Plan, high density mixed use developments are encouraged in appropriate place types. As previously stated high density developments are permitted in areas classified as Employment Center, Urban Mixed Use, and Community Mixed Use on the county's Future Land Use Map. These place types promote compatible uses to be located next to one another in order to make alternative modes of transportation more viable. The current setbacks and density requirements may hinder the type of development promoted in the Comprehensive Plan from locating in the areas where they are most appropriate. Suitable areas would include the infrastructure (transportation network, utilities, and supporting nonresidential uses) to support multi - family development and overall, the mixed use development pattern which promotes alternative modes of transportation and maximizing the efficient use of land. Further, these high density developments require review from the Planning Board and Board of Commissioners, either through the special use permit process or through a rezoning to the PD zoning district. These processes provide for the opportunity for potential impacts of the proposed development to be closely examined, and if determined to be necessary, additional conditions like increased setbacks can be added. Therefore, staff is supportive of this portion of the proposed amendment. TA17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 6 - 2 - 3 Page 3 of 7 PART 2 — MAXIMUM HEIGHT Proposed Text Red and Underline /�#ril(e eugh — Petitioner's Proposed Additions /Deletions Article VII: Provisions for Uses Allowed as Special Uses — Section 72 -43: High Density Development 1 (1 1) Maximum allowable height for structures shall be fort 40 -3-5 feet. However, the maximum 2 allowable height for piling supported primary structures which are located in "Coastal High 3 Hazard Areas, V- Zones" and /or Ocean Hazard Areas as defined by the Coastal Resources 4 Commission shall be 44 feet. (10/5/92) Staff's Position Currently, the Zoning Ordinance limits the height of structures depending on the type of development or the zoning district in which it is located. The current maximum height standards of the county's zoning districts are as follows: *AR, RA, R -20S, R -20, R -15, R -10, & R -7 Typically, local governments have established maximum height standards to ensure adequate fire protection. Some firefighting apparatuses may only be able to effectively serve a 35- foot -tall structure, hence the requirement. Staff has confirmed with the county's Fire Services Department that the county's fire departments can provide fire protection to 40- foot -tall structures. The 2016 Comprehensive Plan encourages structures of up to seven stories in height in certain areas. Therefore, staff is supportive of this portion of the proposed amendment. PART 3 — Buffer Strips Proposed Text Red and Underline /c + °:'.e e,•gr _Petitioner's Proposed Additions /Deletions Article VI: Supplementary District Regulations — Section 62.1 -4: Additional Requirements for Berms and for Yards in which Buffers are Required 1 (1) Location of Buffer Strips — Buffer strips shall be required to screen any non - residential use 2 from any residential use or district. Buffer strips shell else be required te screen eny 3 4 High Density Deyelepment er Plenned Develepment Buffers strips shall also be required 5 to screen the below developments from the adjacent land uses, however, no buffer will 6 be required for high density detached lots provided lots equal or exceed 5000 square TA17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 6 - 2 - 4 Page 4 of 7 Residential Zoning District B -1 B -2 081 Sc Al 1 -1 1 -2 Districts Maximum Height in Feet 35 35 40 40 none 35 40 none *AR, RA, R -20S, R -20, R -15, R -10, & R -7 Typically, local governments have established maximum height standards to ensure adequate fire protection. Some firefighting apparatuses may only be able to effectively serve a 35- foot -tall structure, hence the requirement. Staff has confirmed with the county's Fire Services Department that the county's fire departments can provide fire protection to 40- foot -tall structures. The 2016 Comprehensive Plan encourages structures of up to seven stories in height in certain areas. Therefore, staff is supportive of this portion of the proposed amendment. PART 3 — Buffer Strips Proposed Text Red and Underline /c + °:'.e e,•gr _Petitioner's Proposed Additions /Deletions Article VI: Supplementary District Regulations — Section 62.1 -4: Additional Requirements for Berms and for Yards in which Buffers are Required 1 (1) Location of Buffer Strips — Buffer strips shall be required to screen any non - residential use 2 from any residential use or district. Buffer strips shell else be required te screen eny 3 4 High Density Deyelepment er Plenned Develepment Buffers strips shall also be required 5 to screen the below developments from the adjacent land uses, however, no buffer will 6 be required for high density detached lots provided lots equal or exceed 5000 square TA17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 6 - 2 - 4 Page 4 of 7 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 feet (10/7/91). Buffer strips shall be required only along the perimeter boundary of an EDZD (3/1 /10). New Development of Subject Site Must Provide Buffer Strips From: • Attached residential developments; • Detached or duplex residential • Mobile home parks; • High density developments; or structure; • Undeveloped residentially zoned • Planned developments. land within the General Residential or Rural Residential place types; • Platted residential lots; or • Proposed residential lots included within an approved and valid preliminary plat for a major subdivision. In addition, staff noticed potentially confusing organization of the screening standards in the Zoning Ordinance. These standards require items like dumpsters and HVAC units to be screened from adjacent properties or right -of -ways. Currently, these standards are located in the buffer strip section, however the required screen is technically not a buffer strip. In an effort to provide better clarity to the applicability of these standards, staff is proposing to relocate them to their own section of the Zoning Ordinance: Red and Underline//� — Petitioner's Proposed Additions /Deletions The following subsections of section 62.1 -4 shall be relocated to a new section: 62.1-4.1: Additional Screening Requirements (51) Uses in the rear and side yards abutting a residential use - The following uses shall be shielded from view from the property line of the residential use by means of a 100% opaque solid wall. 1. dumpsters or other trash holding areas 2. outside storage areas 3. loading /unloading areas 4. heating /air conditioning units, including roof mounted units. In addition, all lights shall be shielded in such a manner that light from the fixture will not directly radiate into the buffeF stFip eF beyend adjacent property. (72) Screening for Dumpsters and Outside Storage along Public Right -Of -Ways The following uses shall be screened from the view of any public right -of -way or adjacent property. Screening shall be at least 8 ft. in height and may consist of living and nonliving material as specified in this section. 1. The rear side of a building where that side abuts a street right -of -way, or any dumpster or trash receptacle storage area used in connection with any business establishment. TA17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 6 - 2 - 5 Page 5of7 19 2. Any outside storage area for vehicles awaiting repair in connection with any 20 automotive or motor vehicle repair business, where the number of such vehicles 21 exceeds five. 22 3. Any outside storage area for any equipment used in excavation, building site 23 preparation, or construction. No part of any New Hanover County Zoning Ordinance 24 Page 138 equipment stored in such area may project above the screen. (701 ) Staff's Position Currently, the Zoning Ordinance requires high density developments to install a buffer strip along all property lines that abut a residential land use or a residential zoning district. The intent of buffering requirements is to mitigate the potential impacts a more intensive land use would generate on a less intensive land use. However, as written, the Zoning Ordinance requires buffer strips between certain like uses: high density, attached residential, mobile home parks, and planned developments. The proposed text would help clarify when buffer strips are to be required for these types of developments. Specifically, a buffer must be installed when the subject property is adjacent to existing or approved detached or duplex residential structures, or undeveloped residentially zoned land within the General Residential or Rural Residential place types. These two place types allow for lower density developments consisting of 1-6 dwelling units an acre. It is important to note that the Zoning Ordinance limits the intensity of high density, mobile home parks, and planned developments depending on the place type in which they are located. As previously stated, high density developments are only permitted in the Urban Mixed Use, Community Mixed Use, and Employment Center place types, and must have access to a major or minor arterial street. Overall, the proposed text moves closer to meeting the intent of buffer strips, which again is to mitigate the potential impacts a more intensive land use would generate on a less intensive use. Also, there is the opportunity for additional buffering to be required through the special use permit and rezoning process. Therefore, staff is supportive of this portion of the proposed amendment. PLANNING BOARD ACTION The Planning Board considered this application at their March 2, 2017 meeting. At the meeting, one resident, Michael Lee, spoke in favor of the application. The Planning Board discussed issues regarding the setback portion of the application, citing concerns of the potential impacts that would be generated on detached residential developments if the setbacks are substantially reduced. The Board further stated that additional time and research should be conducted in order to determine appropriate setbacks for high density development, and that the UDO process would provide an opportunity to examine these standards more closely. The Planning Board recommended denial (6 -0) of the setback portion of the application, finding that it is: 1. Not consistent with the purposes and intent of the 2016 Comprehensive Plan, with particular emphasis on the protection of existing neighborhoods. TA17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 6 - 2 - 6 Page 6 of 7 2. Not reasonable and not in the public interest because of possible impacts it may generate on the harmony and value of existing neighborhoods. The Planning Board recommended approval (6 -0) of the height and buffer portions of the application, finding that they are: 1 . Consistent with the purposes and intent of the 2016 Comprehensive Plan because it follows the guidelines established for the subject place types. 2. Reasonable and in the public interest because it follows the guidelines established for the subject place types. STAFF RECOMMENDATION Staff recommends approval of the requested amendments. While staff agrees with the Planning Board that a more comprehensive review of the setback standards may be beneficial, overall the proposed setbacks would better promote the compact mixed use development pattern encouraged throughout the Comprehensive Plan. In addition, high density developments are already limited in areas where they can be developed, and must be reviewed through either a Special Use Permit or rezoning process. Staff concludes that the application is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it promotes mixed use development patterns that are encouraged throughout the Plan. 2. Reasonable and in the public interest because the proposal updates outdated requirements that may hinder mixed use development patterns; which promote business success, maximize the efficient use of land, and support alternative modes of transportation, reducing the dependency on the automobile. TA17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 6 - 2 - 7 Page 7 of 7 APPLICANT MATERIALS Board of Commissioners - April 3, 2017 ITEM: 6 - 3 - 1 NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT * TEXT AMENDMENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax www.nhegov.com Name of Petitioner Date Application Number (Staff Use Only): Cindee Wolf / Design Solutions Feb 2, 2017 Address Email Address P.O. Box 7221 cwolf @lobodemar.biz City, State, Zip Name of Text to be changed Wilmington, NC 28406 Article VI: Section 72 -43 Telephone Number Section of Text to be changed 910- 620 -2374 Minimum Setbacks & Height SUBMISSION REQUIREMENTS Petition must be reviewed by Planning & Zoning for completeness prior to acceptance. A $400.00 fee payable to New Hanover County MUST accompany the petition. No supplemental information is required as part of the application. However, Planning & Zoning, Planning Board, and Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed text amendment is in accordance with all County plans and policies. REVIEW PROCEDURES • Petitions for a text amendment are first referred to the New Hanover County Planning Board and then acted upon by the New Hanover County Board of Commissioners. The owner /applicant and or authorized agent should plan to attend all meetings at which this request will be heard. • Complete petitions and supplementary information must be accepted by Planning & Zoning twenty (20) working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North Carolina General Statutes. All amendments must be consistent with the comprehensive plan, reasonable and in the pubic interest. Please explain how the proposal meets those requirements. (Add pages as needed). • Planning Board meetings are held at 5:30PM in the Commissioner's Assembly Room in the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina, on the first Thursday of each month. If the Planning Board approves your petition, the request will automatically be referred to the Board of County Commissioners. If your petition is denied, you may appeal to the Board of Commissioners. Planning & Zoning can advise you regarding appeal procedures. PROPOSED TEXT CHANGE (attach additional uaees as needed) Reference attached Action Requested, Justification & Impacts statements. Signature (Print and Sign) a Board of Commissioners - April 3, 2017 ITEM: 6 - 4 - 1 TA (5/10) Proposed Text Amendment Action Requested Article and Section of the Land Development Code to be amended: Article VI: Supplementary District Regulations / Section 72 -43: High Density Development (5) Setbacks and Uses (A) The required minimum setback for High Density development shall not be less than twenty -five 2,5' feet. (7/5/95) When such projects are located and adjacent to any existing detached residential development (not including Mobile Home Parks or other High Density or Planned Developments), structures over twenty -five (25) feet in height shall be set back a distance equal to the height of the structure. cal e- i -hated frAPA the A Board of Commissioners - April 3, 2017 ITEM: 6 - 4 - 2 • 9 Justification The existing Code requirements are arbitrarily based on multipliers to building heights with no consideration of the structure type(s). Adherence to the current minimum requirements result in excessive setbacks, even when the proposed project has a similar character to the adjacent housing. For example, a two -story / twenty -five (25) foot high detached home must set back over sixty -eight (68) feet from the perimeter boundary, simply because it is in a high- density development. If that same structure had attached units, the setback could be as much as ninety -three (93) feet. New Hanover County's "high- density development" provision is comparable to most jurisdiction's "multi- family" zoning districts. I found no other Ordinances, in comparable jurisdictions, that used a multiplier for calculating setbacks. The suggested amendment gives clear guidance and still adjusts setback to increased height beyond what would be normal in a single - family residential structure. Likewise, the "fringe" requirements have no logical basis. The specific project density can be determined based on the location and layout of the development proposal when being reviewed for consistency during the special use permit process. Impact New Hanover County has become a much more suburban area, and there are more high- density housing projects being proposed. However, high- density development is only permitted by Special Use Permit, and therefore can be subject to more specific conditions dependent on the particular project location or character, and other criteria for consistency and harmony with the area in which it is to be located. The Ordinance still provides buffer requirements for the protection of adjoining land uses when high- density development is proposed. It is the natural vegetation, fenced and planted, or more heavily planted landscaping along perimeter boundaries with lesser- density uses that provides that physical separation and visual opacity. Reducing the setbacks would allow more versatility in the layout, such as not having to place the parking areas adjacent around the perimeter of the site since that would be the only way to avail the land areas within the extensive setbacks. AND (11) Maximum allowable height for structures shall be forty (40) -3-5 feet. However, the maximum ... Justification Architectural trends have raised interior ceiling heights for most residential structures, and hence it is extremely difficult to design a three -story structure - typical of high- density development - and still maintain the 35- maximum height without creating a virtually flat roof, which is less consistent with the residential character generally sought in the project aesthetics. Board of Commissioners - April 3, 2017 ITEM: 6 - 4 - 3 High- density developments have prescribed conditions for locations specific to Comprehensive Land Use Plan land classifications, and with direct access to a major of minor arterial streets. Multi- family development is a reasonable transitional use between busy road corridors and lower- density established neighborhoods. The Office & Institutional (0&1) district is similarly a transitional use, and provides for a maximum height allowance of forty (40) feet. Impact Since this provision is exclusive to high- density development, which is only permitted by Special Use Permit, it would have no impact on conventional residential housing, or even performance residential attached housing. Both of those would still be limited to 35' as by -right uses in all residential districts. AND Article VI: Supplementary District Regulations / Section 62.1 -4 (1) Location of Buffer Strips — Buffer strips shall be required to screen any non - residential use from any residential use or district. Buffer strips shall also be required to screen any reSudeRtial use eF rI*r,tr*r-t from any attached housing development A-Ir me-hile home park er High deRsity Developm er Dlanne' Develepm attached residential development, mobile home park, high density development, or planned development from any existing detached or duplex residential structure(s) or platted residential lots, or proposed residential lots included within an approved and valid preliminary plat for a major subdivision. Justification The existing Code requirement is confusing and can be interpreted to suggest that a buffer is necessary between like uses, or penalize a permitted commercial use because an adjacent commercial use happens to maintain a grand- fathered / non - conforming residential use along with their primary use. New Hanover County's "high- density development" provision is comparable to most jurisdiction's "multi- family" zoning districts. However, the wording of the current code mandates a buffer based on a description of an adjacent property being in a "residential" district, even if that land use is the same development type. The purpose of buffer strips is the protect adjoining land uses, particularly residential, from the impacts of more intense land uses. Impact Buffer requirements are absolutely necessary for the protection of existing residential development and of lower intensity districts not yet developed. The proposed changes to the wording do not negate the requirement to provide preservation of the character of those areas. It simply clarifies the situations for which the buffer should be mandated. Board of Commissioners - April 3, 2017 ITEM: 6 - 4 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 3, 2017 REGULAR DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning & Zoning Supervisor (Planning Board Rep: Ernest Olds) CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z17 -01) — Request by Design Solutions on Behalf of the Property Owner, College Road Development Partners, LLC, to Rezone 8.04 Acres Located at the 2600 Block of N. College Road, from (CUD) R -10, Conditional Use Residential District, to (CZD) B -2, Conditional Highway Business District, in Order to Develop a Mini - Warehouse Use BRIEF SUMMARY: The subject property consists of 8.04 acres and was rezoned from B -2 and R -15 to (CUD) R -10 in May 2016 for a high density project of 88 units in four apartment buildings. Staff recommended approval of the 2016 rezoning request, finding it consistent with the 2016 Comprehensive Plan. The property to the north hosts Laney High School. Single family residential lies to the east of the subject property, and adjacent to the south is a fast food restaurant within B -2 zoning. Land across the street is mostly vacant and undeveloped R -15 zoned property, with a small area of O &I zoning hosting a barber shop and electronics repair shop. The current request is to rezone the property to (CZD) B -2 for 72,850 square feet of self - storage units in four buildings, along with access drives and parking to serve the development. Total impervious surface coverage decreases with the current proposal by 4,165 square feet, while the width of the buffer strip on the rear of the property between the homes on Long Ridge Drive and the developed area decreases from 48' and 65' widths to 22.5' in width. The proposal would generate 11 AM peak hour trips and 19 PM peak hour trips, a reduction from the 45 AM peak hour trips and 55 PM peak hour trips projected to result from the approved 88 -unit apartment complex. Due to the peak hour trip generation figures being less than 100, a Traffic Impact Analysis is not required to be performed. The subject property is classified as Community Mixed Use by the 2016 Comprehensive Land Use Plan. 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 appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. A mini- storage development would not be consistent with this place type at this location because it does not serve as a commercial attractor for residents and visitors and does not support multi -modal travel. This type of low- density commercial operation also does not capitalize on existing and planned services, such as sidewalks and trails, and increases the distance between nearby residential neighborhoods and services that can be accessed by foot or bicycle. Board of Commissioners - April 3, 2017 ITEM: 7 The Planning Board considered this application at their March 2, 2017 meeting. No one from the public spoke in favor of, or in opposition to, the application. The Planning Board recommended approval (6 -0) of the rezoning to the (CZD) B -2 district, finding that it is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the use proposed is necessary to provide services to compact residential development that uses high density, low square footage living units, therefore supporting the Community Mixed Use place type. 2. Reasonable and in the public interest because the development would mitigate environmental concerns from a more intensive development on the site, and because the low traffic generated from the proposal would put a minimal burden on the surrounding transportation network. Conditions: 1. Signage shall be kept to a low profile and minimally intrusive. 2. Decorative metal fencing and a "low buffer" of evergreen shrubs shall be used along N. College Road in addition to the required streetyard landscaping. 3. Additional landscaping shall be provided in front of the northern building. After the Planning Board meeting, the petitioner submitted a revised site plan decreasing the length of the northern building to allow for additional landscaping as conditioned by the Planning Board. Additionally, a note was added to address condition 2 that was included in the Planning Board's motion. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends denial of the application. The subject property is located in an area with a moderate to high population density and where many public services are in place, including public water and sewer. Public investment is also recommended in the Comprehensive Greenway Plan for multimodal travel via greenways connecting to residential areas, schools, and nearby Olsen Park. The proposal would not maximize benefit of the existing and planned infrastructure and transportation improvements, and does not provide the desired commercial and office uses that could capitalize on the close proximity of residential neighborhoods, schools, and other commercial services. In conclusion, staff finds that the application is: 1. Inconsistent with the purposes and intent of the Community Mixed Use place type in the 2016 Comprehensive Plan because the proposed development of a mini - warehouse use does not contribute to the creation of small scale, compact, mixed use development patterns that serve multi -modal travel and act as an attractor for county residents and visitors. 2. Not reasonable and not in the public interest because the proposed mini - warehouse use will not maximize the available and planned services and infrastructure in the area, and because it does not encourage other modes of transportation that would reduce the dependency on the automobile. Motions can be found in the script in the agenda package, including a staff - recommended motion for denial Board of Commissioners - April 3, 2017 ITEM: 7 and a sample motion for approval that affirms the Planning Board's consistency and reasonableness statements. ATTACHMENTS: Z17-01 Script Z17-01 Staff Summary Z17 -01 Neighbor Properties Map Z 17 -01 Zoning Map Z 17 -01 Future Land Use Map Applicant Materials Cover Page Z17-01 Application Package Proposed Site Plan Cover Page Z17 -01 Site Plan Updated March 5 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend denial, as outlined by planning staff. COMMISSIONERS' ACTIONS: Denied 4 -1, Vice Chairman Watkins dissenting. Board of Commissioners - April 3, 2017 ITEM: 7 SCRIPT FOR Conditional Zoning District Application (Z17 -01) Request by Design Solutions on behalf of the property owner, College Road Development Partners, LLC, to rezone 8.04 acres located at the 2600 block of N. College Road, from (CUD) R -10, Conditional Use Residential District, to (CZD) B -2, Conditional Highway Business District, in order to develop a mini - warehouse use. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed up to 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board Discussion 5. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to approve or deny the application. What do you wish to do? 6. Vote on the conditional zoning district application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Options for Motions: • Motion to approve the rezoning request as presented in the staff summary or a modified version of the rezoning; • Motion to "table" the item in order to receive more information; or • Motion to deny the rezoning request based on specific reasons, such as the proposal is not consistent with the land use plan and /or the proposal is not reasonable and /or the proposal is not in the public interest. Staff Suggested Motion: Motion to recommend denial, as the Board finds that this application for a zoning map amendment is: 1. Inconsistent with the purposes and intent of the Community Mixed Use place type in the 2016 Comprehensive Plan because the proposed development of a mini - warehouse use does not contribute to the creation of small scale, compact, mixed use development patterns that serve multi -modal travel and act as an attractor for county residents and visitors. 2. Not reasonable and not in the public interest because the proposed mini - warehouse use will not maximize the available and planned services and infrastructure in the area, and because it does not encourage other modes of transportation that would reduce the dependency on the automobile. Example Motion for Approval: Motion to approve, affirming the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest, with the following condition: 1. Signage shall be kept to a low profile and minimally intrusive. 2. Additional landscaping shall be provided in front of the northern building. Example Motion for Denial: Motion to deny, as the Board of Commissioners find that this request for a rezoning is: 1. Not Consistent with the purposes and intent of the 2016 Comprehensive Land Use Plan because [Describe elements of controlling land use plans and how the rezoning request is not consistent]. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, applicable plans, or balancing benefits and detriments.]. Z 17 -01 STAFF SUMMARY CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z17 -01 Request: Rezoning to establish a Conditional Zoning District in order to allow for the development of a mini - warehousing use. Applicant: Property Owner(s): Cindee Wolf of Design Solutions College Road Development Partners, LLC Location: Acreage: 2608 N. College Road 8.04 acres PID(s): Place Type: R03408- 001 - 002 -000 R03408 -001 - 003 -000 Community Mixed Use R03408 -001 - 004 -000 Existing Land Use: Proposed Land Use: Undeveloped Self- Storage Facility Current Zoning: Proposed Zoning: (CUD) R -1 0 Conditional Use Zoning District (CZD) B -2 Zoning �:¢,► 5 7F r -lll C ., -d. PD. �. } rt Z17 -01 m�� lA �+ R -15 . l,_ w (euo) R-10 a &I - B -2)►� B'2 R -10 �P SURROUNDING AREA LAND USE ZONING North Institutional (Laney High School) R -15 East Single Family Residential R -15 South Commercial (Taco Bell) B -2 West S Mostly Undeveloped; Barber Shop, Electronics Repair p R -15, 0&1 Z17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 7 - 2 - 1 Page 1 of 9 ZONING HISTORY Water /Sewer July 7, 1972 Initially zoned R -20 July 13, 1998 300' strip adjacent to N. College Rd rezoned to B -2 May 2, 2016 Rezoned from B -2 and R -15 to (CUD) R -10 for 88 apartments COMMUNITY SERVICES Water /Sewer Water and Sewer is available through CFPUA Historic New Hanover County Fire Services, New Hanover County North Fire Fire Protection No known archaeological resources District Schools Castle Hayne Elementary, Eaton Elementary, Trask Middle, and Laney High schools Recreation Olsen Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 7 - 2 - 2 Page 2 of 9 CURRENT APPROVED SITE PLAN & CONDITIONS • The (CUD) R -10 Conditional Use Zoning District was approved on May 2, 2016 and allows for an 88 -unit apartment complex in four buildings on the site. • The following conditions were placed on the approved rezoning: 1. A 10' multi -use path shall be installed along N. College Road in accordance with the Wilmington /New Hanover County Comprehensive Greenway Plan. The multi- use path shall be constructed to the adjoining properties and shall include any necessary crosswalks, boardwalks, or bridges. 2. Existing vegetation must remain within the rear buffer and be supplemented as necessary to provide the 100% visual opacity requirement. - - rlrlg Fkebory _ , o e. ssvd -nay n.I .ran l I yL1 t N nn N� amo - -�: N1I4NII \' N. Cottage Rd. / NC kwy. 132 (200' Publl= R /w; r y f Z17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 7 - 2 - 3 . — � m .I9 TYaical X —sec 0 Page 3of9 PROPOSED SITE PLAN • The proposal includes 72,850 square feet of self- storage units in four buildings, along with access drives and parking to serve the development. • Total impervious surface area decreases from 123,750 SF with the approved high density development project to 1 19,585 SF with the current proposal for self- storage. • The width of the buffer strip between the subject site and the existing single family residential along Long Ridge Drive decreases from 48' and 65' widths in some areas on the approved high density development plan to 22.5' in width with the current proposal. �w „,les Mangy oe z r zc.sP vxnv o ". "celcr. -zw.s� o'P 5506 -i5oP sB Gvipq Me:wdst / March'dl � _. Jai a `�� riadaoen irrce f ` T r T c — N I i! I{ Y•- I 11 }; I I I,nwn I III. s i £' °:-"✓ FFTT /— I � II � ie. saiazsz .r.ln Q i ♦ r N. College Rd. / NC Hwy. 132 (zoarP�bh ww) arr t Z17 -01 Staff Summary Page 4 of 9 Board of Commissioners - April 3, 2017 ITEM: 7 - 2 - 4 TRANSPORTATION • Access will be provided via an existing driveway serving the subject site as well as the existing fast food restaurant (Taco Bell). • This driveway was installed in addition to offsite improvements recommended by an approved TIA for a 2013 development proposal that included a fast -food restaurant and a mixed -use building consisting of 120 dwelling units and office /retail space. • A 10' wide multi -use path is proposed in front of the subject property along N. College Road within the NC DOT right -of -way. • A bus stop for WAVE Transit route 204 is located on southbound N. College Road just north of the property near New Village Way. Traffic Count — February 28, 2015 Road __7 Location Volume Capacity V/C LOS N. College Road Near Long Ridge Lane 28,020 17,060 1.64 F Trip Generation LAND USE INTENSITY AM PEAK PM PEAK Mini - storage (151) 72,850 SF 1 1 19 • 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. • A Traffic Impact Analysis was completed for a development proposal on this property in 2013, which included a fast -food restaurant and a mixed -use building consisting of 120 dwelling units and office /retail space. • The improvements required as part of that TIA have been installed, including the addition of a center turn lane along N. College Road. • An updated TIA was not required for the 2016 rezoning proposal, nor is one required for the current rezoning proposal. ENVIRONMENTAL • Portions of the property are located within an AE Special Flood Hazard Area, with a Base Flood Elevation of 32 feet. The preliminary flood map places the entire property within the AE Special Flood Hazard Area with a Base Flood Elevation of 35 feet, and also includes the area around the stream as AE Floodway. • Stormwater management will be reviewed by the New Hanover County Engineering Department and by the NC Department of Environmental Quality. The development will utilize, and improve as required, the existing stormwater pond located on the site and create a second pond to manage runoff. • The stream on the property may be subject to additional buffering standards required by the NC Division of Water Resources. • The subject property is within the Smith Creek (C;Sw) watershed. Z17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 7 - 2 - 5 Page 5 of 9 12016 COMPREHENSIVE PLAN I The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. Specific goals of the comprehensive plan are designated to be promoted in each place type, and other goals may be relevant for particular properties. Future Land Use Map Place Type Community Mixed Use Focuses on small - scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. A mini - storage development would not be consistent with this place type at this location because it does not serve as a commercial attractor for residents Consistency and visitors and does not support multi -modal travel. This type of low - Analysis density commercial operation also does not capitalize on existing and planned services, such as sidewalks and trails, and increases the distance between nearby residential neighborhoods and services that can be accessed by foot or bicycle. Relevant Goals of the Comprehensive Plan Goal I: Support business Desired Outcome: A vibrant economy for New Hanover success County based on business success Consistency Analysis: A low- density use such as mini - storage, which serves a small portion of the community, does not allow for the desired commercial and office uses that could capitalize on the close proximity of residential neighborhoods, schools, and other commercial services or for residential uses that could support existing businesses. Z17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 7 - 2 - 6 Page 6 of 9 Goal III: Promote fiscally Desired Outcome: Growth patterns that achieve efficient responsible growth provisions of services and equitable distribution of costs between the public and private sectors Consistency Analysis: Because of the location of the subject property along a major road, near an intersection, and immediately adjacent to a school, utility and transportation infrastructure to serve the location have already been provided or are planned. Locating low- density uses, such as mini - storage facilities, in locations with these types of existing services decreases the fiscal efficiencies of their provision. Goal VIII: Integrate multi- Desired Outcome: A community with a mixture of land uses modal transportation into that allows for individuals to perform daily tasks without the mixed land uses that use of an automobile. A community where individuals can encourage safe, walkable safely walk, bike, and access transit. communities Consistency Analysis: While the proposed site plan does include a sidewalk along N. College Rd., the use itself, which is low- density and automobile- oriented, does not encourage alternative modes of transportation. Instead of providing a destination for pedestrians and bicyclists, including students, it will preserve an existing gap between residential neighborhoods, the high school, and services. Goal IX: Promote Desired Outcome: Development that accommodates environmentally responsible population growth while minimizing negative impacts on growth natural resources Consistency Analysis: The implementation guidelines for this goal recommend encouraging incremental inclusion of mixed uses into areas that are single -use dominated and encouraging infill development to maximize use of previously developed sites for highest and best uses. The low- density single -use proposed, while technically infill, is not consistent with either of these guidelines. The proposal would not provide the optimum return on the public investments on the current and planned infrastructure. Goal XVIII: Increase physical Desired Outcome: A built environment that encourages active activity and promote healthy lifestyles and increased health through walking and biking. active lifestyles Consistency Analysis: While the proposed site design does include a sidewalk, low- density uses, such as a mini - storage facility, do not encourage individuals to walk rather than relying on vehicles. Because mini - storage facilities are automobile- oriented uses, the proposed development will preserve an existing gap between potential pedestrians and bicyclists and existing commercial services. Goal XXI: Ensure NHC remains in attainment for air Desired Outcome: New Hanover County remains in quality, in support of clean air attainment for air quality to protect public health and retain and improved health outcomes and attract development and industries in support of continued growth Z17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 7 - 2 - 7 Page 7 of 9 Consistency Analysis: The comprehensive plan outlines strategies on encouraging compact development, mixture of uses, and other development patterns that minimize automobile trips and are conducive to pedestrian and bicycle use. The proposed low- density, automobile - oriented use retains an existing gap between potential pedestrians and bicyclists and existing commercial services. Staff Analysis of Comprehensive Plan Consistency The proposed mini - storage development is not consistent with the goals of the 2016 Comprehensive Plan, which calls for compact, mixed use development providing services that can be accessed by foot or bicycle. Mini - storage facilities are low- density and automobile- oriented and are more appropriately sited in areas without existing and planned utility and bicycle /pedestrian infrastructure. Because they do not use utilities and do not support bicycle or pedestrian travel, these types of uses do not provide a high return on public infrastructure investment, and are not consistent with the strategies for mixed use development in the Comprehensive Plan. COMMUNITY MEETING NOTES • A community meeting was held on Wednesday, January 25, 2017 in accordance with the requirements for such an application. • The applicant has provided a summary of the meeting in the application. No opposition was presented by the only meeting attendee. • No modifications were made to the proposed site plan after the community information meeting. PLANNING BOARD ACTION The Planning Board considered this application at their March 2, 2017 meeting. No one from the public spoke in favor of or in opposition to the application. The Planning Board recommended approval (6 -0) of the rezoning to the (CZD) B -2 district, finding that it is: 1 . Consistent with the purposes and intent of the 2016 Comprehensive Plan because the use proposed is necessary to provide services to compact residential development that uses high density, low square footage living units, therefore supporting the Community Mixed Use place type. 2. Reasonable and in the public interest because the development would mitigate environmental concerns from a more intensive development on the site, and because the low traffic generated from the proposal would put a minimal burden on the surrounding transportation network. Conditions: 1 . Signage shall be kept to a low profile and minimally intrusive. 2. Decorative metal fencing and a "low buffer" of evergreen shrubs shall be used along N. College Road in addition to the required streetyard landscaping. 3. Additional landscaping shall be provided in front of the northern building. Z17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 7 - 2 - 8 Page 8 of 9 After the Planning Board meeting, the petitioner submitted a revised site plan decreasing the length of the northern building to allow for additional landscaping as conditioned by the Planning Board. Additionally, a note was added to address condition 2 that was included in the Planning Board's motion. STAFF RECOMMENDATION Staff recommends denial of the application. The subject property is located in an area with a moderate to high population density and where many public services are in place, including public water and sewer. Public investment is also recommended in the Comprehensive Greenway Plan for multimodal travel via greenways connecting to residential areas, schools, and nearby Olsen Park. The proposal would not maximize benefit of the existing and planned infrastructure and transportation improvements, and does not provide the desired commercial and office uses that could capitalize on the close proximity of residential neighborhoods, schools, and other commercial services. In conclusion, Staff finds that the application is: 1. Inconsistent with the purposes and intent of the Community Mixed Use place type in the 2016 Comprehensive Plan because the proposed development of a mini - warehouse use does not contribute to the creation of small scale, compact, mixed use development patterns that serve multi -modal travel and act as an attractor for county residents and visitors. 2. Not reasonable and not in the public interest because the proposed mini - warehouse use will not maximize the available and planned services and infrastructure in the area, and because it does not encourage other modes of transportation that would reduce the dependency on the automobile. Motions can be found in the script in the agenda package, including a staff - recommended motion for denial and a sample motion for approval that affirms the Planning Board's consistency and reasonableness statements. Z17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 7 - 2 - 9 Page 9 of 9 z _ LPN 3 O\ O/ O Nil Od �j �i 9� 6d N h Lo��E�E.RD; NENSpN' ' �V� - N DR � •�♦,a , , Q r _ 7 • •H d C_ \ m � y � vO\ G -\ i L�RO\ V N a _ � r o u L // y = v m d > Jti�ld, R� T S a u \ •�.` o\� \°W\ \N / � H b y �O N J3pjy 1d n1a/ ..N O . d �' , � / �h • , . • � � • N N h h • h • \ O ` / rh .h , N • N h N LO LO Lo N . • N ' N to to N• N to L, , LO .�� . 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C -0 11 i N O LO N 4n C O N 1 a a 4- N C;) . } Z- .p c ia c L a LO 06 U U o w 1 ' O a L a a to 7'' C O O N � Cie 0 u 7 �d `r0 v ._ 0 c O W \ 3 MGX: Pv V o Q N W \ as O N •- '� u W = N G1 O cel Z O u y V � i O G1 � � O � N Q O = O O O %-O u H Z Gi O a V N �,�, GNROL /Nq �o � o OJ b�'ONVH NM Ln r 1 Q .1116, `N, V ��I P�1JK IL Z ��� REp °N z rQ pQ m �31b'/�121d Q O 1 'O 1 \v� V 9 'a oc � W 1 Y a O u 3 °o, N Q r Board of Commissioners - April 3, 2017 ITEM: 7 - 4 -1 977' 7-i o 2� a 'o •_ O N ov O (D N Q O V W d y W J W !r 1 Z LLJ UA U� = O ° Z •_ W G . N � > u = N .r .X W i -- a) cO���GE y: N N V CARTHAGE 0 u , "I P / —� b Q p = �' ° O O H N Z c� a a a� m � _ a •° V N H . s o � _ J _ b�'ONVH M3N v A�A� t 01 .o MP�o Board of Commissioners - April 3, 2017 ITEM: 7 - 5 -1 L� pOO.oR v O.-\ \ 0 pN0 / l I `S N N �V ILI a s p \O:V-C/) a ce Q � 31HA1?ld z Z) H - w N N O a v E o E a E E a u w 0 Z) u c ' V �o APPLICANT MATERIALS Board of Commissioners - April 3, 2017 ITEM: 7 - 6 - 1 Print For NEW HANOVER COUNTY 230 Government Center Drive Suite 110 PLANNING & INSPECTIONS Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax Application for www.nhcgov.com CONDITIONAL ZONING DISTRICT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Cindee Wolf College Road Dev. Ptnrs, L.L.C. 2608,2618 &2624 N College Company Owner Name 2 Parcel ID(s) Design Solutions 324017.00.8285,5059 &5301 Address Address Area PO Box 7221 6626 -C Gordon Road 8.04 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Wilmington, NC 28411 (CUD) R -10 Phone Phone Proposed Use 910 - 620 -2374 910 - 799 -3006 / Contact: Adam Sosne (CZD) B -2 Self- Storage Email Email Land Classification cwolf @lobodemar.biz adamsosne @yahoo.com Community Mixed -Use Application Case Number Date /Time received: Received by: APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts: • Section 55.3: Conditional Zoning Districts • Section 110: Amending the Ordinance • Section 111: Petitions • Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Board of Comrpi oVWf 3- April 3, 2017 ITE : 7 - 7 -1 04/14 APPLICATION REOUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Staff Initial Initial Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. Legal description (by metes and bounds of prope requested for rezoning. Copy of the subdivision nia p or recorded plat which delineates the property. Site Plan (8 -24x36 copies for Planning Board; 8 -24x36 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) A re ort of the required public information meeting outlined in Section 111 -2.1. Authority for Appointment of Agent Form if applicable) Fee - For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 Board of Comrpi o�grf� -- April 3, 2017 ITE :7 -7 -2 04/14 CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning classifications which would allow that use are acceptable. The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1. How would the requested chan a be consistent with the County's Policies for Growth and Development? Policies for growth encourage continued efforts to attract & retain businesses. The proposal is to develop a self - storage facility along a a busy commercial thoroughfare. Extending the business zone, but with conditional regulations is consistent with the concept of in- filling parcels where urban services are available. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? The site is in a "Community Mixed -use" land classification. The classification is intended for more intensive development where urban services are already in place. The provision of services for the existing or proposed residential neighborhoods in the vicinity maximizes the effectiveness in close proximity with the market it would serve. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses 2crmitted under the existing zoning? This section of N College Road is a busy corridor with a mixture of commercial uses. The existing plan for this parcel is an apartment complex. This proposal should have less impact on the surrounding area. Use of the tract will require full permitting & meeting Ordinance requirements. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). The trip generation for a self- storage facility is much lower than many of the more intense business and residential uses that could be appropriate for this location. Bufferyards will mitigate any impacts to the adjacent residential uses. Streetyard (plantings will meet the landscape requirements. The rezoning would maximize the effectiveness of commercial uses by (assuring that land is available in proximity to the markets they serve. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Use District zoning for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. Cynthia Wolf / Design Solutions Signature of Petitioner and /or perty Owner Print Name Pa�,e 3 of 3 Board of Commissioners - April 3, 2017 04/14 ITEM: 7 - 7 - 3 NEW HANOVER COUNTY PLANNING & INSPECTIONS AUTHORITY FOR APPOINTMENT OF A GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 -798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Dame Address Cindee Wolf College Road Dev. Ptnrs., LLC 2608,2618 & 2624 N College Company Owner Name 2 City, State, Zip Design Solutions Barry Amos - Manager Wilmigton, NC Address Address Parcel ID P.O. Box 7221 6626 -C Gordon Road 324017.00.8285,6059 & 5301 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28411 Phone Phone 910 -620 -2374 910 - 799 -30061 Contact: Adam Sosne Email Email cwolf @lobodemar. biz Application Tracking Information adamsosne@yahoo.com (Staffonly) Case Number Reference: Date /Time received: 17eceived by: This document was willfully executed on the 3"' 0 a-,- --J Owner 1 Sign Lure day of f �, , 20 I7T Owner 2 Signature Board of Commissioners - April 3, 2017 ITEM: 7 - 7 - 4 0-114 A Ilk T, W dw&ommis-siom ITEM: 7 vet. 7 4b A Ilk T, W dw&ommis-siom ITEM: 7 Legal Description for Conditional Use District Rezoning of 2608, 2618 & 2624 N. College Road Beginning at a point in the eastern boundary of N. College Road (NC Hwy. 132), a 200' public right -of -way; said point being located North 18 021'47" West, 370.42 feet from its intersection with the northern boundary of Long Ridge Drive, a 60' public right -of -way; and running thence with the N. College Road right -of -way, North 18 121'47" West, 602.01 feet to a point; thence North 78 122'26" East, 601.05 feet to a point; thence South 00 128'59" East, 139.50 feet to a point; thence North 67 137'59" East, 66.67 feet to a point; thence North 73 119'43" East, 33.87 feet to a point; thence North 65 010'37" East, 17.69 feet to a point; thence North 53 059'58" East, 31.06 feet to a point; thence North 61031'50" East, 20.98 feet to a point; thence South 13 004'48" West, 652.92 feet to a point; thence South 71 034'16" West, 81.62 feet to a point; thence North 18 021'47" West, 140.00 feet to a point; thence South 71 034'16" West, 300.04 feet to the point and place of beginning, containing 8.04 acres, more or less. Also being defined as "Tract 2, Pond Tract & Remaining Tract," on a plat entitled "Clayton Long - Recombination & Easement Plat," recorded among the land records of the New Hanover County Registry in Map Book 59, at Page 92. 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LLJ ° No a a r a J LLI F C) ''` ( a o w ¢ WM c d 0 Z3 , p v p p a M ¢ G co"- V d' ¢ L+V7 a I A in N - �fl c� G � �77 L I I tn CL f / C SE i+.1 c z .506 3 [o ZF 8Z N N [O cV m p V] >( oao ¢ZO a CD U Z 1 o z 8 I X6.96e ¢Z w (rQ xo \ oU° �o q L' b4'iQ L c w x M 9ZX49Z S EL Cr e. \ Board of Commissioners - April 3, 2017 ITEM: 7 - 7 - 7 � Akx tll�rrr�,l� °z 0.0 �•� =� +� Uµ i LD ALL �Ci•� co a3� c) , o M d• ' &d LPG i 2 o Board of Commissioners - April 3, 2017 ITEM: 7 - 7 - 7 z °z / iL` � ¢ o Lw i 2 o 3 s 0 ¢ z ¢ I � Z LL, m O [7^ Ln LL, O S n ¢ (n cr w a. LLJ ° No a a r a J LLI F C) ''` ( a o w ¢ WM c d 0 , p v p p a M ¢ G co"- V d' ¢ L+V7 a I co U U OO C Ca7 J r � m N n f- N O cn U U U LLJ C.9 L-- z 8 O z W � a _ [n 19 O a J CD Y- al lcl 4J W 110 Q Ln Y E.] Q L_ w O /) ZD ( ° O z p rr VI a = V] F ? P U O W N J P:- J Z a _W to z z z z F- a V) O U CD a O ¢ (.n Q Z Z W QE .�.. U UJ O W a U 0 Z r a I- O J (� W V] O = d w m i- (L Q= < U V) = ..... 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Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME N College Storage PROJECT ADDRESS 2608, 2618 & 2624 N College Rd DEVELOPER/OWNER EXISTING ZONING GROSS FLOOR AREA College Road Dev Ptnrs, LLC (CUD) R -10 72,850 s.f. +/- NEAREST INTERSECTION Long Ridge Road BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) AM - E / PM - D sq. ft. ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: Mini- Storage (151) (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS 11 PM PEAK HOUR TRIPS 19 (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping m eeting with Plan n ing Departm en t) Cindee Wolf from ITE Manual Person Providing Estimate Cindee Wolf Signature Peak Hour estimate confirmed by Planning & Zoning on IRE (Date) Board of Commissioners - April 3, 2017 ITEM: 7 - 7 - 8 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 2608. 2618 & 2624 N Colleae Road Proposed Zoning: Conditional Zoning District / (CZD 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, and provided to the Planning Department for notice of the Sunshine List on January 12, 2017 . A copy of the written notice is also attached. The meeting was held at the following time and place: Wednesday, January 25, 2017 6:00 — 7:00 p.m.; at the New Hanover Co Fire Station #17; 5901 Murrayville Road The persons in attendance at the meeting were: Reference attached sign -in List; An email from a notification recipient is also attached. The following issues were discussed at the meeting: The only gentlemen to attend asked questions about whether there would be exterior access doors adjacent to the Long Ridge neighborhood. There will not be. He commented that this would be a better use than the apartments as far as traffic generation and potential noise after business hours. As a result of the meeting, the following changes were made to the rezoning petition: None Date: January 26. 2017 Applicant: Design Solutions By: Cindee Wolf Board ot Uommissioners - April ITEM: 7 - 7 - 9 Community Information Meeting N College Storage Wednesday, January 2S, 2017 Name Address Email (Optional) r Board of Commissioners - April 3, 2017 ITEM: 7 - 7 - 10 cwo1f@1obodemar.biz From: Paula Tayson <ptayson @hotmail.com? Sent: Wednesday, January 18, 2017 5:44 PM To: cwolf@lobodemar.biz Subject: Proposed storage unit on North College Road Ms. Wolf, I am unable to attend the meeting on Jan. 25th to discuss the proposed storage unit, next to Taco Bell, on North College Road. As a resident of Northchase, and a frequent traveler on this roadway, I oppose this building. While our area is currently more rural than most of New Hanover County, it is an area of families and homes. I would prefer to see some building that reflects this family oriented area, instead of another bunch of metal buildings. Currently, in a five mile radius of your proposed site, there are six storage facilities already built or in the process of building: 2 on Gordon Road, 1 in Murrayville Station, 2 next to and behind the Food Lion, 1 in Castle Hayne. I question the need of another. Thank you for allowing me to state my concern. Paula Tayson Board of Commissidners - April 3, 2017 ITEM: 7 - 7 - 11 In In 10 ri M M M M M M M N N L n w L n N m L n m Ln Ln Ln L n a ) L n 0 0 „ n . - i o 0 0 0 0 0 o ri o 0 0 M 0 0 0 0 0 0 0 0 0 00 00 0 10 w w w w w w w M w w w 00 00 00 00 00 00 00 00 00 00 00 00 00 00 N N M 4 Ql N N N N -�t N N N M N N N N N ^ N N N N N N N N N U U O0 z Om U U U U U U Q U U U U U U U r- U U U U U U U U U Z Z — O Z Z Z Z Z z tD Z Z z Z Z z z x Z Z Z Z Z Z Z Z Z z z Q "' M z z z z z z J z z z z z z z z z z z z z z z z z O O z a< 0 0 0 0= 0 0 O 0 0 0 Q O O O Q U 0 0 0 0 0 0 0 0 0 Ln H z z O H Z Z Z Z Z Z Z p[ Z Z W Z z Z W w Z Z z z z z z z z N O 0 = O 0[ al w W p tY ri = r I H J z p O U Y M V) w H° °c p O °C oC Q o oc p oC ° Op Ui p Y 0 U- p J p w= N z p p p 0 Y t% p p N w w= O p w W w (D Ln 0 D- w CO 0 Q oC Ln w w w 0 w w° z w D m H z ?j �_ ° Z z Y V) LU U `n U w LLJ w O° 0 o=C , 0°�> mo z U C z z w m Q u o O� w � c- oC aC aC m z oC aC N Q J ri N Q= z Q U U G z z J= M J OcC m U U U Q D U U 0 O z x Q w 0= oc Z a z Q 0 > Q J O x O Q z z z oc O z Z= L u U o o m a U M U o 5 O U p o 0 U Q z o U a 0 0 o U m o o U Y M J m O 111 l0 N ri J J l0 U U 0 F- N m ri -I m J J J m l0 J J N O ° l0 M M .-I w'T lD � O^ O Q1 M OM � O 00 O O� M lD M� N w M M M O Om CL Q N ri IZ 00 ri w w N ri M ri N ri 00 N w ri N N d' r1 ri r1 ri N N ri ri to m a-J N J O O Z N }^,, W O Ln � 01 CLO 0 N t Q O p z � O z = Q Q u J U Z Q a J Q W� U Z LU >j Q J J Q m p Z w w z to w w m U -' Q z 0[ v w m UO O a z p 2 O W J ~ O (/ 1 w m J z Q W w ° p Q O W w J O U U w Q N w Q w 0C Q Z J 0C u Q w o Q �_ (n p ° a !Y Q W w Q w = W Ln W Q 2 U J U °> z °° Z O U p o 0 V) z O Q W z Z O O °C 0 cn E Q° o w w J Q In ° J Q o Q W w a W H Q 0C p >.>. z U z Z Z O a j W O p m z U Z Z "J 2 Q Q `n J >c- G `=1 0 Z U Z Q O 2 W Q 2 = F- 0 Z U Z Q O 2 W Q 2 =_° F- 0 Z J = p 2 `n �' 0 m w p F- 0 Z 2 w Q W 0 d ° VI z= a � 0 0- U � ° n- J 0_ o Z Q OC — } oc Q w O OC z Q i- U W o DC Z 0-�� to w z J p= Q Q J O U w z to J Q Z W O (n Q Y° to �- J Q N oc Q>- In z= z W �- z W w _ ° ° w Q 2 H p LU ° z z Z) O O J OC Q O Vc'1 m G L2 a= J U J oC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ri 0 0 0 0 M 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O In In 00 N In ct to I, ri ct I, 1:? 00 M M M i N i 00 i ri M ct i ci i ci I, M 00 M In al N l0 O O O O O O O O O O O O ri O O O O O O O O O O O O O O O O O O r-1 N r-1 r-1 M r-1 � d N r-I r-1 M ri M N N R* d R ri r-1 N N r-1 N � r-1 r-1 r-1 M r-1 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O W N N N W W W W N N N O N O O W W W O O O N W N W O W N N W 0 cr 0 m 0 m ri m ri m ri m O m O m O m o m ri m ri m ri m O m ri m 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m ri m O m ri m 0 m 0 m 0 m ri m ri O m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O . dt . 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Ln 0 . . 111 r- 0 r-1 CL 0 0 M M M O O O O M M M M M O O O O O M O M O O M O O O M M O Q M N M d�lzt N M -1 M ri M d ri M d N M M N M MZt N M N M d��* ri M -1 M ri M d ri M d ri M d�* N M N M M N M M��* N M N M ri M d N M d��* ri M N M N M d ri M M N M M�* N M N M Zt ri M dlzt ri N M M Board of Commissioners - April 3, 2017 ITEM: 7 -7-13 • Design Solutiov�s Transmittal January 12, 2017 To: Adjacent Property Owners From: Cindee Wolf Re: North College Storage Facility You may recall that a plan for an 88 -unit apartment complex was approved for this property in May, 2016. The traffic generation from that kind of use was certainly a topic of much of the discussion. The project has not yet proceeded into detailed design and permitting. The owner has re- evaluated the highest and best use for the property, and is now interested in the alternative of developing a self- storage facility. The trip generation for a self- storage facility would be much lower than the current plan or than many of the more intense business uses that might be appropriate for this location. This modification of the existing approval would require a new Conditional Zoning District approval from New Hanover County. Again, conditional zoning allows only a particular use to be established 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 new project is attached. 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 Wednesday, January 25th, at the Murrayville Fire Station #17, 5901 Murrayville Rd., 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 -21374 * Email: cwolf @lobodevnar.biz Board of Commissioners - April 3, 2017 ITEM: 7 -7-14 S s 3 j4 G8pi-,:tj buo-j Al N o N 6 N 'L Q6 Q � N i L ? �3 + + } ® I i N - m CED N °o `o °— x ullnl ,y'�lz U aINO � -�� � W 3 Za P U w 0. 100110 NS O � � U Board of Commissioners - April 3, 2017 ITEM: 7 -7-15 .© o U o X30 m N Z i N 6 N 'L Q6 Q � N i L ? �3 + + } ® I i N - m CED N °o `o °— x ullnl ,y'�lz U aINO � -�� � W 3 Za P U w 0. 100110 NS O � � U Board of Commissioners - April 3, 2017 ITEM: 7 -7-15 .© PROPOSED SITE PLAN Board of Commissioners - April 3, 2017 ITEM: 7 - 8 - 1 3 3 u L N = N O O U u w � 9 O O S p� N u ° E ° o y > E u ' E m Y o �O 6�E u a� O y O N N N N p O X~ � °om Boa. u mC) 0 N o N 2 N (n , N m - O � N � � U O t\ N� R E u N o O � L U 73 Ln m Q y O U -. O 41 41 U O -Z w Q� N c O U-1 73 U a v u its O O 2 t L y = z LL- O 0 1 O O U p o , y 0 � U N U U O C 6 6 L U �Q n N + u E 6' =� c c\J O N 0 C NN o o ? 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LL ) N ch O m / Y p N c Ul N � �w/ N (6 N 0S) Ln = Ln E I p U 07 N p w LU m Ln Ln - O _ m o _ °- U Ln z z 0 Y h S s 1 n L c LL ch � U (a U �p Q N � p � Q J I ' ♦ `w! i moo.. 44 �(( ��F�'�'•:�i , N' ''''' /''' / //111111 ► ` `` ♦ ♦ ♦ ♦O 5 -�3 N u 41 � O m Ln O E u U Ln - �a- � O R (n N - - O o LL- U ED P o N � n O v- u a'� V M S s 1 n L c LL ch � U (a U �p Q N � p � Q J I ' ♦ `w! i moo.. 44 �(( ��F�'�'•:�i , N' ''''' /''' / //111111 ► ` `` ♦ ♦ ♦ ♦O Board of Commissioners - April 3, 2017 ITEM: 7 - 9 - 1 5 -�3 u 41 �a- O R (n N LL- U P N n v- V M 373 Z U a� ��_— > O O N �- N S 73 �r > O 3 U N p +' 6� Ln N O - 'n O cp E U N N = o �� N U u E 2 (6 = O c p O Ln n y ��< m N (n 11 M w O U �n L � cal' T �S, N U E E u 41 U II z M O" p ano a�U 0� oN O I II T Lam± U s L s u� N� E N ±-' u Q Q (n Q N 41 -u D - N (f) v (r) - Board of Commissioners - April 3, 2017 ITEM: 7 - 9 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 3, 2017 REGULAR DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning & Zoning Supervisor (Planning Board Rep: Vice Chair Ernest Olds) CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Land Use Director SUBJECT: Public Hearing NOTE: After the consent agenda, the Board will consider a request from the petitioner to continue this item to June 5, 2017. Special Use Permit Request (S -630, 7/16) — Request by Hellman, Yates, & Tisdale for Optima Towers IV, Applicant, on Behalf of the Property Owner, Home Life, Inc., for a Special Use Permit for a Telecommunications Tower on a 0.80 -Acre Parcel Located at 2020 Corporate Drive BRIEF SUMMARY: Hellman, Yates, and Tisdale, attorneys and counselors at law, are petitioning on behalf of Optima Towers IV to develop a 185' monopole -style wireless communications facility at 2020 Corporate Drive, in the Northchase commerce park on a site owned by Home Life, Inc. The proposed tower will provide a new structure to host antennas to provide service to the area. The tower is designed to accommodate at least 5 additional wireless communications providers to collocate their antennas on the tower. Due to the very low trip generation that would be realized from the proposed use, a Traffic Impact Analysis (TIA) is not required. The Planning Board considered this application at their July 7, 2016 meeting. No one from the public spoke in favor of, or in opposition to, the application. The Planning Board voted 5 -0 to recommend approval of the special use permit request with no conditions, citing the preliminary findings of fact prepared by staff based on the information provided by the petitioner and presented at the public hearing. At the request of the petitioner, this application was continued at the August 1, 2016 Board of Commissioners meeting. The Cape Fear Public Utility Authority ( CFPUA) has an elevated water tank in Northchase that currently provides no hydraulic benefit to the public water system but is being maintained to honor existing lease arrangements with three carriers: T- Mobile, Verizon, and AT &T. The tower is planned to remain in place at least until the expiration of the leases in 2033, and the CFPUA has undertaken improvements to the water tank to provide structural integrity for the carrier equipment currently on the tower. The CFPUA has indicated that additional co- location would be possible provided that the water tank is structurally improved if necessary to accommodate additional equipment. The petitioner submitted an engineer's report dated March 20, 2017 stating that a collocation on any existing tower, antenna, or useable structure in the search area, including the CFPUA's water tank, is not possible. Board of Commissioners - April 3, 2017 ITEM: 8 However, technical data was not provided in the report to demonstrate that collocation on any existing tower, antenna, or usable structure in the search area is not reasonable or possible. Therefore, staff is unable to conclude the use meets all required conditions and specifications of the Zoning Ordinance, specifically Section 63.5(D). STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff has conducted an analysis of the proposed use and the information provided as part of the application package, in addition to supplemental information provided by the applicant and presented at the July 7, 2016 public hearing at the Planning Board, and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. Based on the information provided, staff is unable to conclude that Finding 2 can be met. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the April 3, 2017 Board of Commissioners meeting. ACTION NEEDED (Choose one): 1. Motion to approve (with or without conditions). 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to deny based on specific findings in any of the 4 categories, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. ATTACHMENTS: S -630 Script S -630 Staff Summary S -630 Neighbor Properties Map S -630 Zoning - Water -Sewer Map S -630 Future Land Use Map Applicant Materials Cover Page S -630 Application S -630 Cover Page S -630 Cover Letter S -630 Index to Exhibits S -630 Tab 1 - Tax Map S -630 Tab 2 - Site Survey S -630 Tab 3 - Adj Prop Owners and Uses Board of Commissioners - April 3, 2017 ITEM: 8 S-630 Tab 4 - Traffic Impact Worksheet 5 -630 Tab 5 - Site Plans and Drawings 5 -630 Tab 6 - Agent Authorization Appointment 5 -630 Tab 7 - ANSI and Fall Zone Letter 5 -630 Tab 8 - Photo Simulations 5 -630 Tab 9 - Coverage Analysis and Search Ring Update S -630 Tab 10 - FAA Filing 5 -630 Tab 10 - FAA Filing Addendum 5 -630 Tab 11 - Compliance Letter T- Mobile Northchase Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend denial based on the inconclusive information provided to meet Section 63.5(D) regarding the possibility of co- location on other structures nearby, unless the greater weight of sufficient competent and material evidence presented during the public hearing supports that the required conclusions are met. COMMISSIONERS' ACTIONS: The item was continued to June 5, 2017 at the request of the petitioner by a vote of 5 -0. Board of Commissioners - April 3, 2017 ITEM: 8 SCRIPT FOR Special Use Permit Application (S -630, 07/16) Request by Hellman, Yates, & Tisdale for Optima Towers IV, applicant, on behalf of the property owner, Home Life, Inc., for a special use permit for a telecommunications tower on a 0.80 acre parcel located at 2020 Corporate Drive. 1. Swear witnesses. Announce that "the special use 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 b. A Special Use Permit which is denied may only be resubmitted if there has been a substantial change in the facts, evidence, or conditions of the application as determined by the Planning Director. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to grant or deny the application. What do you wish to do? 7. Ask Applicant whether he /she agrees with staff findings and any proposed conditions. 8. Vote on the special use permit application. 0 Motion for approval of the application - All findings are positive. ❑ Motion for approval of the application, subject to conditions specified below: (State Conditions) 13 Motion for denial of the application because the Board cannot find: ria. That the use will not materially endanger the public health or safety if located where proposed for the following reason: rib. That the use meets all required condition and specifications: c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: d. That the location and character of the use if developed according to the plan submitted and approved will be in harmony with the area in which it is located and is in general conformity with the plan of development for New Hanover County: Example Motion for Approval: Motion to approve, as the Board of Commissioners 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. 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] S -630 STAFF SUMMARY SPECIAL USE PERMIT REQUEST APPLICATION SUMMARY Case Number: 5 -630 Request: Special Use Permit to develop a telecommunications tower in a PD, Planned Development zoning district Applicant: Property Owner(s): Hellman, Yates, and Tisdale for Optima Home Life, Inc. Towers IV South Location: Acreage: 2020 Corporate Drive 0.80 acres PID(s): Place Type: R02620- 003 - 041 -000 Employment Center Existing Land Use: Proposed Land Use: Vacant/Undeveloped Telecommunications Tower Current Zoning: PD, Planned Development SURROUNDING AREA LAND USE ZONING North Stormwater Management Pond PD East Recreation Area (Olsen Park) R -15 South Light Industrial PD West Light Industrial PD S -630 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 8 - 2 - 1 Page 1 of 8 Aerial IF7 S -630 i - .ti ZONING HISTORY July 7, 1972 Initially zoned R -15 (Area 813) July 1, 1985 Rezoned to PD, Planned Development COMMUNITY SERVICES Water /Sewer Water and Sewer is available through CFPUA Fire Protection New Hanover County Fire Services, New Hanover County North Fire Archaeological District Schools Eaton Elementary, Castle Hayne Elementary, Trask Middle, and Laney High schools Recreation Olsen Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources. Archaeological No known archaeological resources. S -630 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 8 - 2 - 2 Page 2 of 8 PROPOSED SITE PLAN • The application proposes a 185' tall monopole style tower that could accommodate antennas from multiple wireless communications providers: S -630 Staff Summary Page 3 of 8 Board of Commissioners - April 3, 2017 ITEM: 8 - 2 - 3 1 `� _ I n s I I � Lo o-�r�x � ,��' I Y •_� r.,��R...rs.A�. aovT r l -. �fi1' 1L' i L l P'�INI. rre�w[nrx�i xo xu xorx ••. � "� :� �. OVERGLL ■lE vux Yo1 Ili ewa u�mua mruors I., afe -DA __"_____ - I ,n � armxn MIRE r 1 uxA-- ARr• j mm vviii.,lrel pro i 9 'jki x � /� m emaa rrmowe _ T " vii UR exe�v0. SiIE LA-1 -_ 19W[p,46C�ATON •ry';' YR2 S -630 Staff Summary Page 3 of 8 Board of Commissioners - April 3, 2017 ITEM: 8 - 2 - 3 TRANSPORTATION • Access will be provided via an improved driveway to Corporate Drive, a state - maintained road. Traffic Count - 2014 Road Location Volume Capacity V/C LOS Corporate Drive Entrance to Olsen Park 307 1000 0.31 A Trip Generation LAND USE INTENSITY AM PEAK PM PEAK Wireless Communication Facility N/A < 1 < 1 • Traffic Impact Analysis are required to be completed for proposals that will generate more than 100 peak hour trips in either the AM or PM peak hours. ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas. The property does not host any wetlands. The subject property is within the Smith Creek (C;Sw) watershed. Soils on site include Seagate Fine Sand and Leon Fine Sand according to the Soil Survey for New Hanover County. 2016 COMPREHENSIVE LAND USE PLAN I The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. Specific goals of the comprehensive plan are designated to be promoted in each place type, and other goals may be relevant for particular properties. Future Land Use Map Place Type Employment Center Serves as employment and production hubs where office and light industrial uses predominate. Can include residential, civic, and recreational uses, but Place Type should be clearly delineated from rural and conservation areas. Description Commercial uses designed to serve the needs of the employment center are appropriate. Types of uses include office, industrial, single - family and multi- family residential, commercial /retail, and recreation. Consistency The proposed telecommunications tower is appropriate in this place type as Analysis it provides a necessary service for the office and light industrial uses that predominate, as well as nearby residential and commercial uses. S -630 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 8 - 2 - 4 Page 4 of 8 Relevant Goals of the Comprehensive Plan Goal I: Support business Desired Outcome: A vibrant economy for New Hanover success County based on business success Consistency Analysis: The proposed telecommunications tower supports the provision of necessary utilities for nearby and future desired businesses and industries. The comprehensive plan recommends encouraging targeted industries in identified Employment Centers, and the target industries identified by the Garner report, Pathways to Prosperity; which include life /marine sciences, high value office operations, precision manufacturing, and aircraft manufacturing; rely on telecommunications infrastructure. Goal II: Support workforce Desired Outcomes: Retain and attract businesses and development and economic companies with workforce talent that is aligned with our prosperity for all targeted industries Consistency Analysis: Telecommunications infrastructure is also necessary for the nearby educational institutions and residential areas, supporting the development of the workforce. Goal III: Promote fiscally Desired Outcome: Growth patterns that achieve efficient responsible growth provisions of services and equitable distribution of costs between the public and private sectors Consistency Analysis: The proposed site for the telecommunications tower is located in a CFPUA service area, though it would not require those utility services. S -630 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 8 - 2 - 5 Page 5 of 8 Staff Analysis of Comprehensive Plan Consistency The proposed telecommunications tower is consistent with the goals of the 2016 Comprehensive Plan, as it will support the types of office and light industrial uses recommended in the Employment Center place type, supporting business success. It will also support the telecommunications needs of nearby educational institutions and residential areas, supporting the development of a well - educated workforce. PLANNING BOARD ACTION The Planning Board considered this application at their July 7, 2016 meeting. No one from the public spoke in favor of, or in opposition to, the application. The Planning Board voted 5 -0 to recommend approval of the special use permit request with no conditions, citing the preliminary findings of fact prepared by Staff based on the information provided by the Petitioner and presented at the public hearing. BOARD OF COMMISSIONERS ACTION At the request of the petitioner, this application was continued at the August 1, 2016 Board of Commissioners meeting. Immediately prior to the meeting, staff and the petitioner received information from the Cape Fear Public Utility Authority that conflicted with information provided in the petitioner's application materials that the water tank structure is being decommissioned and removed. 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 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 sewer infrastructure and capacity are available to serve the site, but not necessary for the proposed use. B. The subject property is located in the New Hanover County North Fire Service District. C. Access to the tower site will be provided by a driveway from Corporate Drive, a public road. D. The subject site does not host any known cultural or archaeological resources. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. S -630 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 8 - 2 - 6 Page 6 of 8 A. Telecommunication Communication Facilities, Cellular, and Related Towers are allowed by Special Use Permit in the Planned Development (PD) zoning district provided that the project meets the standards of Section 63.5 -1 of the Zoning Ordinance. B. Section 63.5 -1 (A) requires that the setback from any existing residential property line or residential zoning district boundary for any tower, antenna, or related structure in any zoning district be a distance equal to the height of the tower as measured from the base of the tower. The location of the proposed 185' tall tower is approximately 190' feet the eastern property line, which abuts R -15 residential zoning, meeting the setback requirement of Section 63.5 -1 (A). C. Section 63.5 -1 (B) 1 requires that the minimum distance between the tower and any other adjoining parcel of land or road must be equal to the minimum setback of 50' described in Section 63.5 -1 (A), plus any additional distance necessary to ensure that the tower, as designed, will fall within the tower site. The proposed location complies with this provision, and no evidence has been submitted suggesting that additional distance is necessary. D. Section 63.5 -1 (B)2 requires the applicant to submit photographs and statements as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. Information provided in Tab 8 of the application binder suffices this requirement. E. Section 63.5 -1 (C) requires a landscaped buffer with a base width not less than 25 feet and providing 100% opacity, in addition to a minimum 8 ft. tall fence surrounding the tower base. The proposed plans suffice this requirement. F. Section 63.5 -1 (D) requires that applicants seeking construction of new towers, antennas, and related structures demonstrate through submitted written evidence that collocation on any existing tower, antenna, or usable structure in the search area for the new tower is not reasonable or possible. A report found in Tab 9 of the application binder has been provided and states that collocation on any existing tower, antenna, or useable structure in the search area, including the CFPUA's water tank, is not possible. However, technical data was not provided in the report to demonstrate that collocation on any existing tower, antenna, or usable structure in the search area is not reasonable or possible. G. Section 63.5 -1 (E) requires that towers over 150' tall be engineered to accommodate a minimum of two additional providers. Evidence has been submitted demonstrating that this requirement has been met, as shown on Sheet Z02 of Tab 5 of the applicant's materials. H. Section 63.5 -1 (F) requires certification that the construction or placement of the proposed facility complies with several federal regulations. An FCC Compliance Assessment has been submitted and demonstrates compliance with the federal regulations mentioned in Section 63.5 -1(F). I. Section 63.5 -1 (1) regulates the signage allowed on the tower and related equipment. The signage proposed is compliant with this ordinance provision. J. Section 63.5 -1 (J) prohibits the storage of equipment, hazardous waste, or materials not needed for the operation, prohibits outdoor storage yards in a tower equipment compound, and prohibits habitable space within the compound area. The applicant's proposal complies with this ordinance section. K. Section 63.5 -1 (L) requires that, when the proposed tower site is within 10,000 feet of an airport or within any runway approach zone, the applicant submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards. An FAA Aeronautical Evaluation was included with the application (Tab 1 0) and indicates that the site and proposal is in compliance with FAA regulations. Staff Suggestion: Evidence in the record at this time does not support a finding that the use meets all of the required conditions and specifications of the Zoning Ordinance. S -630 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 8 - 2 - 7 Page 7 of 8 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 telecommunications tower is within an area designated for a mixture of uses, including commercial, office, and light industrial uses. B. The closest residential uses are approximately 1,600 feet away from the site proposed for the telecommunications tower. C. Predominate land uses in the immediate vicinity of the subject site are light industrial uses as well as Olsen Park, a public recreation area. D. A 25' wide buffer surrounding the tower base will provide visual screening for future development. E. 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 subject site is in an area primarily used for light industrial uses, with some residential uses approximately 1,600' away. B. The site is classified as an Employment Center place type by the 2016 Comprehensive Land Use Plan; these areas are meant to serve as employment and production hubs with office and light industrial uses predominating. C. The proposed telecommunications tower is consistent with the Employment Center place type from the 2016 Comprehensive Land Use Plan. Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity with the plan of development for New Hanover County. S -630 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 8 - 2 - 8 Page 8 of 8 L � 3 O D c O N CL �c � O O E O E 0 0 i V m m H D Q c O d N c N .X CL W N N cc �' Q N O M 1 N ,�O m w w y N N � i a Y Y oc a i vi v p p p p p w w w p p p p p p p p w- o w w w w w H N N w w w w w w w w H F Q a Q a Q a_= a Q Q Q Q a Q a Q LL O u u O O O O O O a == O O O O O O O O a O a I— a s a = w LM LO Of = or- = = O of = oc O cn O O O O O u 0 0 0 0 0 0 0 0 0 0 u _ CL u u u u u N z z u u u u u u u u Q 0 M w � N Ln � r\ 0 � Ln r- � � M w � o �3 M m � rf �� 0 0 N m N 0 0 N 0 �� y 0 0 0 0 0 0 Ln Ln 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N LO a CL i N m Ln ,o I, w c m 0 �-i r4 M::J- chi �D r--I 2 o: u Z a roc m r W Z v� ri7 O h M fh ® co y a 4) i CL i Q O O V O H O R N � V I • a a a %0 c • — r Q V to L O 7 GAROI /N� N �zu• o = J b� "ONbH M'� O N P Board of Commissioners - April 3, 2017 ITEM: 8 - 3 -1 2> d -100010 0 y y er ", .tea. d 7� add 7 A. �d IV A. a b114, d, /RO. N, L. O O 3 3 �. c c O O! N � CL c O a E.,s O E , O O 0 R � N Ln O H D O > o N 1/1 CL W r PORA�E pR as � m m y •� y Q N O R_- C Y i O 0 N N U N d O V N GAROLIIV 0 2� aP b�"ONVH MAN Y-4 Board of Commissioners - April 3, 2017 ITEM: 8 - 4 - 1 ,BEN i • c _ U N L F -- O Ci O U i N O N LL Cie I� Q Q� Oe V } ' � Ci � V �Cie ■ ❑ ■ � � c � 1 (D L I�I N C in �C 1n 0 O LO O 0- 1 Cie Cie 0� p 0 a •O U U m y N � _ N m m a I a ■ ❑ � � — — o V C -- a a m m El E �o 3 �. c c O O! N � CL c O a E.,s O E , O O 0 R � N Ln O H D O > o N 1/1 CL W r PORA�E pR as � m m y •� y Q N O R_- C Y i O 0 N N U N d O V N GAROLIIV 0 2� aP b�"ONVH MAN Y-4 Board of Commissioners - April 3, 2017 ITEM: 8 - 4 - 1 ,BEN i a� 3 o = o N u CL •_ o E o E 0 0 0 V a- "0000 Y. t a £ m •� a a 0 Q N ; d Q o d V 0 N c C cl ui H cn a NO V N GAROL /Nq Z OJ ONVH M3N . rf- i. W Z LU Z LIJ CL :E 1. W 11 - - -- - - - - - -- o - - - - - - - - - - 0 as N _ ai V a a N E E V � O w N Z) X D X T j E E V W } a > N V a £ m •� a a 0 Q N ; d Q o d V 0 N c C cl ui H cn a NO V N GAROL /Nq Z OJ ONVH M3N . rf- i. W Z LU Z LIJ CL :E 1. W 11 - - -- - - - - - -- o - - - - - - - - - - ai V a a N E E V � O w a N O O (� Z) X D X T j E E V a N ' c } a > N V T - H ,. Z 0 c,I i 0 EG1 �NEW;TOWN -DR \\ \ \ 4 Gl � Board of Commissioners - April 3, 2017 ITEM: 8 - 5 - 1 - F r Z W LU LU Z �P l-lip o® . , _ ESN E• M Z KENN �J LL 7 �� APPLICANT MATERIALS Board of Commissioners - April 3, 2017 ITEM: 8 - 6 - 1 NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for -" SPECIAL USE PERMIT 230 Government Center Drive Suite 1 10 Wilmington, NC 28403 910- 798 -7165 phone 910 -798 -7053 fax www.nhcgov.com Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Jonathan L. Yates and Scott Holmes Home Life, Inc. 2020 Corporate Drive Company Owner Name 2 Parcel ID(s) Optima Towers 1V R02620- 003 -041 -000 Address Address Area 105 Broad Street, Third Floor PO Box 12615 0.8 acres (70'x 70' lease area) City, State, Zip City, State, Zip Existing Zoning and Use Charleston, SC 29401 Wilmington, NC 28405 1 PD 1 Vacant Phone Phone Proposed Use (843) 414 -9754 (910) 232 -3730 Wireless Telecom. Facility Email Email Land Classification JLYC?helimanyates.com IND Application "se Number i Datef'ime received: Deceived by: APPLICATION OVERVIEW In order to assist petitioners through the process for obtaining a Special Use Permit, 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 Special Use Permits prior to submission., and advised to contact Planning Staff with any questions. 'Fhe following sections of the Zoning Ordinance pertain specifically to Special Use Pennits: • Section 70: Objectives and Purposes of Special Use Permits • Section 71: General Requirements of Special. Use Permits • Section 72: Additional Restrictions Imposed on Certain Special Uses • Section 111: Petitions Applications for Special Use Permits (with the exception of single family dwellings on individual lots) must first be considered by the New Hanover County Planning Board at a public hearing. The Planning i Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM. in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Board of Commissioners - April 3, 2017 nA 11 APPLICATION REQUIREMENTS In order to assist petitioners through the process for obtaining a Special iJse Permit, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. Applications for single- family dwellings, including mobile homes, on individual lots do not require Planning Board review and must be submitted to Planning Staff twenty (20) working days before the Commissioners meeting. For High Density Residential projects, a High Density Residential application and Iiigh 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 Traffic Impact Worksheet y Traffic Imoact Analvsis (if armlicablel .11N Site Plan (8 -2406 copies for Planning Board; 8 -24x36 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads J�Iy • 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 ofthe area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right-of-way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) Authority for A pointment of Agent Form (if applicable.) Fee - $500; $250 if application pertains to a residential use (i.e. mobile home, duplex family child care home) 01 gf 47 - 2 nA 11 A CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (As Outlined in Section 71 of the New Hanover County Zoning Ordinance) The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements (please use additional pages if necessary). The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. Planning Staff, the Planning Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed Special Use Permit meets the following requirements: 1. The Board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." The proposed communications facility will meet all federal and state regulations, and will not in any way endanger the public health or safety with its location on the Home Life, Inc. property. The facility will actually enhance public health and safety by providing effective access to 311 first responders, fire, police, and EMS. 2. The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. All requirements of Section 63.5 -1: Telecommunication Communication Facilities, Cellular and Related Towers of the New Hanover County Zoning Ordinance are easily met by the proposed placement on the Home Life, Inc. property. 3. The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." The proposed facility will provide necessary wireless infrastructure, which in the 21st century is deemed a public necessity. Facilities like the one proposed have been shown to actually enhance the value of surrounding properties. 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 lan of development for New Hanover County." The Home Life, Inc. property presents a Perfect location for the facility due to its land classification and configuration. The purpose of the facility is to provide necessary wireless infrastructure to serve the surrounding area. The photographic simulations enclosed with this application clearly show that the facility will be in harmony with the area in which it is located. The proposed facility is in general conformity with the plan of development for New Hanover County. Board of Commissioners - April 3, 2017 13X gf`47 - 3 AA /1 4 Section 77, 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. In granting a Special Use Permit, conditions may be designated to assure that the use in its proposed location is harmonious with the spirit of the Zoning Ordinance, CAMA Land Use Plan and any other adopted plans that are applicable. All conditions become part of the special use permit and run with the land. A Special Use Permit shall become null and void if construction or occupancy of the proposed use as specified and approved is not commenced within 24 months of the date of issuance. By my signature below, I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. Siga:. f6re of P'eLitioncr and/or 11're�pvrt.% Owner Board of Commissioners - April 3, 2017 OJEA bf 47 - 4 Print Name AA11 4 PiM,Nh10..g110 ,,,,,,•••••• xk3.LASO'aVO TIN713WSScCL N AVIN:a7Z 01 Oa3r WO?f a .. }o a ! I` 13 z g JIM W w a z 2z 9 _ K C .A m m m w m ISF1 z a wri f ly Fm, C3 7 FFm p < how z I n zw/ $e~ i #e f 3 z � I 3,. -... W oo i CON: � w�A �K ��M N a l�i 4 " I��M . Ei Z W1 F � zm �' gN aGM1�F r m,°,.m °w �vv V z i�� d i i U zg U Ln p � mi rcN31 :z O Lu � 4TFF_ O m RE m LLJ fm m Z %2f, #� a OZ w a z 2z 9 _ K C .A m m m w m ISF1 �6py z I I p �mwwmw�m z I n zw/ $e~ i #e f 3 z � I 3,. -... W oo i CON: � t o8 ~� l�i C W1 a <o �' gN �vv V zzz° q6 r U o O Lu W Frc m m m m m m m OZ LU z O Z Z U CCU LU_ N� W W WHL. L" W I z I I w l I z W 1 OOO p! � U I F O W 05-W J U Q m � o 0 0 0l0 W y,l p N N N N N N i = � w a z 2z 9 _ K 0 P Q 10 � ISF1 �6py z I I p °m gzN N w z I n zw/ $e~ i #e f 3 z � I 3,. -... W oo i CON: � t o8 ~� l�i C W1 a <o �' gN �vv V zzz° q6 r U o O Lu W Frc z Q �J WV OZ LU z O Z Z U CCU LU_ N� C,j O VJ 2 w z w a z 2z 9 _ K 0 P 10 � ISF1 �6py < I I p °m gzN N w z I n zw/ $e~ i #e f 3 z � I 3,. -... W oo i CON: � t o8 ~� l�i C W1 a <o �' gN �vv V zzz° q6 w a z 2z 9 _ K ITEM: 8 - 8 - 1 1w $i V) ay H z Q a ui6N w o RAW aAW Z on 9 §3to U P IIIIj woo o J ITEM: 8 - 8 - 1 1w $i V) ay H z Q a ui6N w o RAW aAW Z on 9 §3to U HELLMAN YATES & TISQALE ATTORNEYS AND rOLINSEL.ORS AT LAW JONATHAN I YATES DIRECT VOICE S43 414 -9754 JLYOHELLMANVATES.COM June 17, 2o16 VIA FEDERAL EXPRESS Ben Andrea, CZO, AICP Current Planning & Zoning Supervisor Planning & Inspections - Planning & Zoning New Hanover County 23o Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7571 HELL14AN YATES & TISDALE, PA 705 BROAD STREET, TH IRV FLOOR CHARLESTON, SOUTH CAROLINA 29401 V 643 26649099 649 266401 Be RE: Proposed 185 -foot monopole -style wireless communications facility to be located at 2020 Corporate Drive, Wilmington, NC 29205 by Optima Towers Dear Ben: We are pleased to present this application on behalf of Optima Towers for a 185 -foot monopole - style wireless communications facility to be located at 2020 Corporate Drive, Wilmington, NC 29205. The underlying 0.8 -acre property is owned by Home Life, Inc. and is designated as tax map number R02620-003- 041 -0oo, The property is in a Planned Development (PD) zoning district. This facility is desperately needed in order to provide adequate voice and advanced data coverage to the surrounding area. We have taken the liberty of recasting the relevant sections of the New Hanover County Zoning Ordinance below with our response to the relevant section in bold. As you will see from the following, all of the New Hanover County requirements have been met. Section 63.5 -1: Telecommunication Communication Facilities, Cellular and Related Towers These facilities may be located by right in the I -1 and 1 -2 Districts and by special use permit in all other zoning districts. In addition, these facilities shall be subject to the following. (A) Except for amateur radio antenna up to 90 feet, any tower, antenna or related structure in any zoning district shall set back from any existing residential property line or residential zoning district boundary a distance equal to the height of the tower as measured from the base of the tower. In no case shall the setback for any tower, antenna or related structure be less than 50 feet. Board of Commissioners - April 3, 2017 ITEM: 8 - 9 - 1 June 17, 2o16 Page 2 As shown on Sheet Zoi of the Site Plans and Drawings, attached hereto as Exhibit "5" and incorporated herein by reference, the proposed facility is set back 185 feet from any residential property lines or residential zoning district boundaries, and at least 50 feet from all property lines, thereby complying with this requirement. Furthermore, the fall zone for the proposed monopole -style communications tower has been certified at SS feet, as shown in the ANSI /Fall Zone Letter by North Carolina Professional Engineer Habib Azouri, attached hereto as Exhibit "7" and incorporated herein by reference. (B) Where Special Use Permits are required, all of the following standards shall be applied, and all requirements must be met. Additional conditions may be determined to be necessary to mitigate negative impacts, and the permit should be approved only if all negative impacts can be mitigated. No reductions in setbacks maybe granted for this use under Section 62.1 -4 of this ordinance. i. The minimum distance between the tower and any other adjoining parcel of land or road must be equal to the minimum setback described above, plus any additional distance necessary to ensure that the tower, as designed, will fail within the tower site. The fall zone for the proposed monopole -style communications tower has been certified at 55 feet, as shown on Sheet Zoi of Exhibit "5 ", as well as in Exhibit "7", thus fully contained on the Home Life, Inc. property. 2. The applicant shall provide simulated photographic evidence of the proposed appearance of the tower from four (4) vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation shall include overall height; configuration; physical location; mass and scale; materials and color (including proposals for stealth structures); and illumination. Photo simulations of the proposed facility are attached hereto as Exhibit "8" and incorporated herein by reference. 3. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Attached stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as church steeple, windmill, silo, light standard, flagpole, bell /clock tower, water tower, or tree. There is no appropriate method of concealment for this facility on the Home Life, Inc. property. We are deploying the monopole design, as it has been found to be the most innocuous and visibly- pleasing to the surrounding area, and is recommended by the United States Fish and Board of Commissioners - April 3, 2017 ITEM: 8 - 9 - 2 June 17, 2ox6 Page 3 Wildlife Service. 4. The proposed appearance of concealed or non - concealed facilities shall be evaluated for compatibility with the surrounding community prior to submission of the special use application. Applicants shall meet with Planning staff for a preliminary review of proposed appearance in order to assure each facility will impose the least obtrusive visual impact. Applicants accept and acknowledge this provision. (C) A landscaped buffer with a base width not less than 25 feet and providing z00% opacity shall be required within the tower site to screen the exterior of protective fencing or walls. The base of the tower and each guy wire anchor must be surrounded by a fence or wall not less than 8 feet in height. As shown on Sheet Zog of Exhibit "s," the proposed monopole -style wireless communications facility will be enclosed by an eight - foot -high Cedar stockade fence with brick corner columns. In addition, please see Sheet Zo6 of Exhibit "5", which shows the landscaping plan by Optima Towers. Optima Towers will plant gi Carolina Sapphires on three sides and will take advantage of the existing heavy and mature tree cover along the rear of the Home Life, Inc. property to effectively screen the compound and provide t.00% opacity. (D) All applicants seeking approval for the construction of any new towers, antennas, and related structures shall submit written evidence in the form of a report to demonstrate that collocation on any existing tower, antenna or usable structure in the search area for the new tower is not reasonable or possible. Technical data in the report shall include certification by a Registered Professional Engineer licensed in the State of North Carolina or other qualified professional, whose qualifications shall be included, regarding service gaps or service expansions that are addressed by the proposed telecommunication tower and accompanying maps and calculations demonstrating the need for the proposed tower. A map showing the search ring and an inventory of all structures investigated for co- location shall be included as well as a radio frequency analysis indicating the coverage of existing wireless communications sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency (RF) engineer that the proposed network design is intended to improve coverage or capacity potential or reduce interference and the proposed facility cannot be achieved by any higher ranked alternative such as a concealed (stealth) facility, attached facility, replacement facility, co- location, or new antenna support structure. Please see the CelPian letter of need, radio - frequency propagation maps, and search ring, which are attached hereto as Exhibit "g," and incorporated herein by reference. (E) All towers shall be constructed to accommodate collocation. Towers over 15c feet in height shall be engineered to accommodate at a minimum two additional providers. Towers 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. As shown on Sheet Zoe of Exhibit "5," the proposed facility has been designed for at least five (5) providers, thereby complying with this requirement. (F) All applicants seeking approval shall also submit a written affidavit from a qualified person Board of Commissioners - April 3, 2017 ITEM: 8 - 9 - 3 June 17, 2016 Page 4 or persons, including evidence of their qualifications, certifying that the construction or Placement of such structures meets the provisions of the Telecommunications Act of 1,996, the National Environmental Policy Act of 1969, FCC Rules Sections 1.1311,1.1312, 1.1307 and all other applicable federal, state and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. In accordance with NCGS 153A- 349-52(a), the County cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. Please see the NEPA and FCC Standards Compliance Letter by Ben Salter, Principal Scientist of Environmental Corporation of America, attached hereto as Exhibit "ii" and incorporated herein by reference. (G) Any tower and associated equipment which was lawfully constructed under the terms of the Ordinance, which is now considered a nonconforming improvement, may continue or be reconstructed as a conforming improvement even through the tower and associated equipment may not conform with the provisions of this Ordinance for the district in which it is located. Towers and associated equipment may only be enlarged and /or relocated if the enlarged or relocated tower eliminates the need for an additional tower, provides additional collocation opportunities on the tower, or provides additional antenna space on the tower; and provided further that the enlargement and /or relocation shall be in conformance with the following regulations and design limitations: 1. Tower height may not be increased by more than 15% of the originally constructed tower height. Increases in height greater than 15% will require a variance from the Board of Adjustment. 2. A tower shall be allowed to be reconstructed and relocated within the boundaries of the property on which it is located so long as the decrease in the setback does not exceed 15% of the originally constructed tower height and the relocated tower is sited to minimize any increase in the existing nonconformity. Any request to reconstruct and relocate the tower where the resulting decrease in setback exceeds 15% of the originally constructed tower height shall require a variance from the Board of Adjustment. Applicants accept and acknowledge this provision. (H) Cellular and PCS antennas attached to existing structures shall not add more than six feet to the overall height of a structure. (10/02) Applicants accept and acknowledge this provision. (I) Signage: 1. Attaching commercial messages for off -site or on -site advertising shall be prohibited. 2. The only signage that is permitted upon a tower, antenna support structure, equipment cabinet, or fence shall be informational, and for the purpose of identifying (1) the antenna support structure (such as ASR registration number); (2) the party responsible for the operation and maintenance of the facility; (3) its current address and telephone number; (4) security or safety signs; (5) property Board of Commissioners - April 3, 2017 ITEM: 8 - 9 - 4 June 3.7, 201.6 Page 5 manager signs for the tower (if applicable); and (6) signage appropriate to warn the general public as to the use of the facility for radiofrequency transmissions. Optima Towers and all other users of the proposed wireless communications facility will only place the federally-required site identification and emergency signage on the proposed facility, as shown on Sheet ZoS of Exhibit "5." Commercial messages are prohibited on the facility, (J) Equipment Compound: 1. Shall not be used for the storage of any equipment or hazardous waste (e.g., discarded batteries) or materials not needed for the operation. No outdoor storage yards shall be allowed in a tower equipment compound. Applicants accept and acknowledge this provision. 2. Shall not be used as habitable space. Applicants accept and acknowledge this provision. (K) Outside Experts and Disputes i. Siting of telecommunications facilities may involve complex technical issues that require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third -party technical study of a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision - making body. Applicants accept and acknowledge this provision. 2. If an applicant for a telecommunications facility claims that one (i) or more standards of this Ordinance are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision - making body may require that the application be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. Applicants accept and acknowledge this provision. (L) The applicant shall submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards and to resolve issues of concern, including required lighting, possible transmission interference or other conflicts when the proposed tower site is located within ten thousand (10,0oo) feet of an airport or within any runway approach zone. Please see the Federal Aviation Administration filing and letter by Ken Patterson of Airspace Consulting, Inc,, attached hereto as Exhibit "io" and incorporated herein by reference. In addition to these exhibits, please find a copy of the current tax map, attached hereto as Exhibit "i;" site survey, attached hereto as Exhibit "2;" the adjacent owners and uses, attached Board of Commissioners - April 3, 2017 ITEM: 8 - 9 - 5 June 17, 2w6 Page 6 hereto as Exhibit "3;" the Traffic Impact Worksheet, attached hereto as Exhibit "4;" and the Property Owner Authorization letter, attached hereto as Exhibit "6." On behalf of Optima Towers, we thank you very much for your time and consideration in the review of this application. If you have any questions or if we can provide any additional information, please call me on my direct line at (843) 414 -9764 or on my mobile at (843) 813- 0103. We look forward to working with you and your staff on this project for Optima Towers. We respectfully request that this application be placed on the July 7, 2o1L6 agenda of the New Hanover County Planning Board. With warmest regards, I am JLY:edh Enclosures Cc: Keith Powell Joe Taylor, Esq. Scott Holmes, Esq. Yours very truly, � 1 4 40nathan L. Yates Board of Commissioners - April 3, 2017 ITEM: 8 - 9 - 6 INDEX TO EXHIBITS 1. Copy of Current Tax Map 2. Site Survey 3. Adjacent Property Owners and Uses 4. Traffic Impact Worksheet S. Site Plans and Drawings b. Authority for Appointment of Agent 7. ANSI /Fall Zone Letter 8. Photo Simulations 9. CelPlan Coverage Analysis and Search Ring 10. FAA Filing 11. Compliance Letter by Environmental Corporation of America Board of Commissioners - April 3, 2017 ITEM: 8 - 10 - 1 t- wo Board of Commissioners - April 3, 2017 ITEM: 8 - 11 - 1 `S New Hanover County PARID: R02620 -003- 041 -000 HOME LIFE INC Parcel http: / /etax.nhcgov.com/pV D&talets/PrintDataletaspx ?pin= RO2620... 2020 CORPORATE DR Ait ID 324013.12.8696.000 Address 2020 CORPORATE DR Unit NC City WILMINGTON Zip Code 28405 Neighborhood CGCC1 Class IND- Industrial Land Use Code 958 - Unused Land Living Units Acres .8118 Zoning PD- PLANNED DEVELOPMENT Legal Legal Description LT 18R CORPORATE DR S NORTHCHASE PARK OF COMM SEC 1 Tax District FD Owners Owner HOME LIFE INC City WILMINGTON State NC Country Zip 28405 THE DATA IS FROM 2016 1 of 1 Board of Commissioners - April 3, 2017 617/16, 3:44 PM ITEM: 8 -11-2 N o, m w U W 3 i r l l 1 r r r r R 0 I LIJ o j L Board of Commissioners - April 3, 2017 ITEM: 8 - 12 - 1 IR �a r k Sr• ' 1 L ti L 1 1 1 L L 1 L 1 1 1 1 L 1 1 1 L 1 � 1 1 1 1 L 1 MUIR Ila z taw Exhibit 3- Adjacent Property Owners and Uses Corporate Drive Owners Association, Inc. R02620- 003 -016 -000 Zoned: PUD Use: vacant and Buffer Cape Fear Mold and Tool, Inc. R02620- 003 - 022 -000 Zoned: PUD Use: Business /Industrial Warehousing Gary T. and Elizabeth W. Howard R02620 -003 -027 -000 Zoned: PUD Use: Business /Industrial Warehouse EDX, Inc. R02620 -003- 040 -000 Zoned: PUD Use: Business /Industrial /Commercial City of Wilmington R03500 -001- 014 -000 Zoned: R -15 (New Hanover County) Use: Olsen Park Board of Commissioners - April 3, 2017 ITEM: 8 - 13 - 1 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 TL4 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 optima Towers site NC- 1031 -A Northchase PROJECT ADDRESS 2020 Corporate Drive South DEVELOPER/OWNER optima Towers IV LLC EXISTING ZONING Pupa GROSS FLOOR AREA 1o, 000 sq. ft. NEAREST INTERSECTION Northchase Pkwy & Corporate Dr. BEFORE PROPOSED PROJECT Average Daily Traffic (Date) 225 LEVEL OF SERVICE (LOS) ITE MANUAL TRAFFIC GENERATION ESTIMATE: •rrE Manual available at Planning Department USE AND VARIABLES: wireless communications facility (Example: Racquet CIub; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS < =1 PM PEAK HOUR TRIPS � =1 {Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department} I Z '-f Keith Powell 7 V Person Providing Estimate Sly a Peak Hour estimate confirmed by Planning & Zoning on `'-' rt l& (Date) �y Board of Commissioners - April 3, 2017 ITEM: 8 -14-1 cowm W.00 wawa ,`,�y ►111,i ,r��r Z90BEv0'v1L317dvw on a.LIns'avoa -rim llavas eszx �+�, • a s O " Z w � F W 1°- .. „ `. ssalpua &AD suopnjos 041 O Z�4 U p _ frizz Z Z °o 4 ga g o0 $ o� _ La W Q Dca pL.Jj� CEO wa E Z U wQ 0 ZCrO AJINIJNI Ol 08 Z W0844f =� p m Q0� of a. � Z W O � ZZO z �---L � w W 0_ Ow Y co a Q U y °FO a +I I : ''3 z ° d Uc°ia C INIJN[. aQFoF 6 QUQZO wwzw= O I wow z 1 tea¢ z_m I pO $� W ZO LV N cV 1V C3 CS 0 Q JU000 ryN'�l.NN Q co ¢aUZZ Lo w to to to � A w 5 J < O � 0 Z L Z 0 U } C9 • • Lalf 1°- Q O Z�4 U p _ O Z Z °o 4 ga W o0 U o� cr La W Q Dca pL.Jj� CEO wa E Z U wQ 0 ZCrO Lu Q0� of a. � Z W O n ZZO Z 7 QwZ w O w w OQM 0_ Ow Obw in co U a Q U y °FO V,cil UfL �V a ZaF-a¢ : ''3 ZZn Oaf_ � Uc°ia � A ;brd O � 0 L lit ui r N U U } C9 • • Lalf Vi LN,J H � a °wL+U� Z O Z�4 FUJ w E LO � ZO U _1 LL 000a�zoQ a Q rect o o0 O w Q CL o� n — w ` 1OnO � `o o 0Z Z, co" U N U N U U N �,1 W 9z0 Li 'S d n O N J a. 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N 7 73 O F m W W OJNQ m d N�N W + N6 ° 11/y/71 NZU K C7 F- 4 O ~ > > f~JI f~/7 V7 U' o� X W m �9 ° Z 'r F W Z Q VVG77 ZO ° O U Z U n 2 N 0 Ca w g 6 2Q �U+ �/�y OFzK Z Z w NQ Z za 3 2�1%5�2� W Q KU -C �S' w w W � a zK 4 C7��d w Z M<alxil� � � a2 F2= SEW Q Ja Z �G� Lj Ja JJ J a � W4W� � 1�1 z Fp Np�pC c� Ll W�"+Q QW Jj QO ¢ZW= J J J a7N Q Q Q Q F WrF 4j Q3 �% SL�m FX7 [V M X11 f0 r m 6 O N Kj Board of Commissioners - April 3, 2017 ITEM: 8 -15-7 To: Director Planning and Inspections 230 Government Center Drive, Suite 110 Wilmington, NC 28403 From: Wilson, Ki, Principal Owner of New Hanover County parcel ID R02620 -003- 041 -000 Home Life; Inc. PO Box 12615 Wilmington, NC 28405 Re: Zoning and Permit filing for Optima Towers IV, LLC Dear Sir or Madam, I hereby appoint Optima Towers IV, LLC (Keith Powell) and its attorneys, Joe Taylor, Scott Holmes, and/or Jonathan Yates, as my exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, conditional use district, and/or an appeal of staff decisions applicable to the property described in the attached petition. 1. To submit a proper petition and the required supplemental materials. 2. To appeal at public meetings to give representation and commitments on behalf of the owner. 3. To act on the owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition for an amendment applicable to the New Hanover County Zoning Ordinance under Article XI therein. This agency agreement shall continue in effect until written notice of revocation by the owner is delivered to New Hanover County. This the _ day of :wk 2016 Agent's Name, Address, Email & Telephone Signature of Owner (s) (Print or Type) 1. Keith Powell, PO Box 2041, Mt. Pleasant, SC 24465 keith.powell2@comcast net � 1r 2. Joe Taylor, Murchison, Taylor, and Gibson, 16 N. 5th Street Wilmington, NC 28401; jtaylor@murchisontaylor.com 3. Scott Holmes, Murchison, Taylor,. and Gibson, 16 N. 5th St. Wilmington, NC 28401; sholmes@murchisontaylor.com bX; 3. Jonathan Yates, Hellman, Yates and Tisdale, 105 Broad Street [ 3rd Floor, Charleston, SC 29401; jly@helhnanyates_com )d ` 9 �. ,,Q Board of Commissioners - April 3, 2017 ITEM: 8 -16-1 , I 'jm Products 1LLC June 06, 2016 Optima Towers IV, LLC PO Box 2041 Mt. Pleasant, SC 29466 Attn: Mr. Keith Powell Reference: 185ft Tapered Steel Pole Site Name: NC -1031 Northchase New Hanover County, North Carolina Dear Mr. Powell: The referenced pole will be designed to meet the specified loading requirements in accordance with ANSIITIA 222 -G for a 144 MPH Ultimate Wind Speed per ASCE 7 -10 with no ice and a 30 MPH 3- second gust wind speed with 0.25 inch radial ice, Structure Class: ll; Exposure Category: C and Topographic Category. 1. It is our understanding that the design of the referenced pole requires consideration of a contained fall radius in the event that a catastrophic wind speed would result in collapse. Although the pole will not be designed to fall, stronger sections than required by analysis will be provided in the lower sections of the pole. This would result in an increased safety factor in the lower sections. This design would enable the pole to fail through a combination of bending and buckling in the upper portion of the pole under a catastrophic wind loading. Failure in this manner would result in the upper portion of the pole folding over the lower portion, resulting in a fall radius no greater than 55ft. The failure mode would theoretically be a local buckling failure involving a crippling of the pole wall on one side of the pole as opposed to the pole shearing off or completely breaking off and hitting the ground. Please contact us at your convenience should you have further questions concerning the safety of pole structures or other aspects of pole design. Sincerely, " `ys v "w.•r..o�% 4, 11 abibAzouri, P, E. a'ESSio,�..9 ZIP • Engineering Manager SEAS. ; cc: Ken Cordrey y .,• PEpZ40b1 .; File: Q16- 103602 % 9 1wal%4. •' �V Board of Commissioners - April 3, 2017 ITEM: 8 - 17 - 1 -ms 1- d 'h-ffs'sioners - April 3, 2017 ITEM: 8 - 18 - 2 1 ID 04 kn �o eq Z < i m g, Aw a E ' T* - ZMA MNWM.6,.-. -.&ril 3. 2017 ::m cn - 3 a. ( \ � ^ \ \� ��\ \}ƒ \ \: � \ � : �� ` � /� 7", _ z © 2\�� ] Board of Commissioners - April 3, 2017 /Z T ® \ \. ITEM: 8 -18-5 Board of 6/7/2016 Proposed Case fir NC: 2016 -ASO- 10991 -OE Federal Avlaten OFIAAA Adfnlritra#%n .1roposed Case for NC: 2016 -ASO- 10991 -OE For information only. This proposal has not yet been studied. Study outcomes will be posted at a later date. Public comments are not requested, and will not be considered at this time. Overview Study (ASN): 2016 -ASO- 10991 -OE Prlor Study: 2016 -ASO- 8715 -OE Status: Work in Progress Construction Info Notice of: CONSTR Duration: PERM (Months: 0 Days: 0) i Work Schedule: 07 /01/2016 to 11/30/2016 Structure Details Latitude (MAD 83): 340 18' 05.08" N Longitude (MAD 83): 771 52' 05.50" W Datum; NAD 83 City: Wilmington State: NC Nearest County; New Hanover Received Date: 04 /05/2016 Entered Date: 04 129/2016 Map: view Map Structum Summary Structure Type: Antenna Tower Structure Name. NC- 1031 -A Northchase FCC Number: Hiallibt and`Eleva doll Proposed Site Elevation: 33 I Structure Height: 1921 Total Height (AMSQ: 2251 Frequencies Low Freq High Freq Unit ERP Unit 6% 806 MHz 1000 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 w 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 deW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 w 2345 2360 MHz 2000 W Back to Previous Search Next, Result Board of Commissioners -- April 3, 2017 https: / /oeaaa.faa.gov /oewa/ external /searchAction jsp ?action= displayOECase &oeCase% =290462936 &row =6 112 A7impap-o Consullling, Ine. www.airs .00m Site ID: Northchase NC- 103I -A June 6, 2016 Notice to the FAA is Required To Whom It May Concern: On June 6, 2016, I personally conducted an evaluation of a proposed telecommunications site for Optima Towers. The study was to determine if the proposed structure would create any adverse effect on navigable airspace. The site is located in Wilmington, North Carolina at 34° 18'05.08" North and 77° 52'05.50" West (NAD 83). The site elevation is 33' above mean sea level (AMSL). The proposed structure height is 192' above ground level (AGL) or 225' AMSL. Part 77 of the Federal Air Regula- tions and Part 17 of the FCC Rules and Regulations were used as the primary reference for this evalua- tion. The closest public use or DOD runway is Runway 24 at Wilmington InternationalAirport. The distance to the runway is 1.86 nautical miles on a true bearing of 036.62° from the runway edge. The proposed 192' AGL (225' AMSL) structure would exceed FAR Part 77.9 (b) Notice Requirement by 93'. Notice of Proposed Construction orAlteration Form 7460 -1 must be filed with the FAA and a favorable FAA determination must be received prior to beginning construction. The proposed 192' tower does not exceed any FAA Obstruction Standard. It does not penetrate any airspace protected for IFR or VFR operations at the Wilmington International Airport. Marking and/or lighting should not be required. The FAA should approve the proposed structure at the completion of their study. AM broadcast stations and private use landing facilities are not a factor for this site. For additional information or questions about this study, contact my office anytime. Sincerely, Ken Patterson KP15487B 141 Massengale Road, Brooks, GA 30205 770) 461 -0563 kpac0 @bellsouth.net Board of Commissioners - pril 3, 2017 ITEM: 8 -20-2 Mail Processing Center Federal Aviation Administration IN a—) Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 06/27/2016 Keith Powell Optima Towers IV, LLC P.O. Box 2041 Mt. Pleasant, SC 29465 Aeronautical Study No. 2016 -ASO- 10991 -OE Prior Study No. 2016 -ASO- 8715 -OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna Tower NC- 1031 -A Northchase Location: Wilmington, NC Latitude: 34- 18- 05.08N NAD 83 Longitude: 77- 52- 05.50W Heights: 33 feet site elevation (SE) 192 feet above ground level (AGL) 225 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460 -2, Notice of Actual Construction or Alteration, be e -filed any time the project is abandoned or: At least 10 days prior to start of construction (7460 -2, Part 1) X_ Within 5 days after the construction reaches its greatest height (7460 -2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460 -1 L. This determination expires on 12/27/2017 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460 -2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Board VFagwnbi"i5ners - April 3, 2017 ITEM: 8 - 21 - 1 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E -FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE- EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power. Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487 -6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (817) 222 -5933. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2016 -ASO- 10991 -OE. Signature Control No: 290462936 - 296865933 Andrew Hollie Specialist Attachment(s) Frequency Data Map(s) cc: FCC Page 2 of 5 Board of Commissioners - April 3, 2017 ITEM: 8 -21-2 (DNE) Frequency Data for ASN 2016 -ASO- 10991 -OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 698 806 MHz 1000 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W Page 3 of 5 Board of Commissioners - April 3, 2017 ITEM: 8 -21-3 Al `�m m zJ TOPO Map for ASN 2016 ASO- 0991 -D£ \ \% 71' Page 4 of 5 Board ¥ Commissioners - Ap m %2 17 ITEM: 8 -2 -4 m /} )� )-7'Z0 K AA 1.2 y 39 lab 7 Sectional Map for ASN 2016 -ASO- 10991 -OE _ 0 Swamp ♦ • r r. ,L. X31 5 (280) � .F VIIILMINGTON i ! -� INTL,(lL'Rr1) C HZ = *ATIS 1 4.`975 .3a7 32 L W 122 95 (330). PILO' 3.5 3 �RkIDGE 0122.8 Page 5 of 5 Board of Commissioners - April 3, 2017 ITEM: 8 -21-5 U () °jSee 7-4 11 N OTAM s/D rector .�/�farr6less. D eff Fir'= Wrightsville Beach 3� ENVIRONMENTAL CORPORATION OF AMERICA ENVIRC'NME.N "V-k! krl�0E'1�( NXICAL I WIAI ANDS IF( A)iW 'N I t'(tt f"l`RAI k�'SO[IFiCFS June 6, 2015 Optima Towers IV, LLC P.O. Box 2041 Mt. Pleasant, SC 29465 Attention: Mr. Keith Powell Subject: National Environmental Policy Act Compliance Proposed 185 -Foot (190 -Foot Overall Height with Appurtenances) Monopole Telecommunications Structure Optima Towers — NC- 1031 -A (Northchase) 2020 Corporate Drive Wilmington, New Hanover County, North Carolina ECA Project #S0713 Dear Mr. Powell: Environmental Corporation of America (ECA) has been contracted by Optima Towers to prepare Federal Communications Commission (FCC) National Environmental Policy Act (NEPA) documentation for the referenced telecommunications facility. ECA conducts FCC NEPA evaluations in accordance with FCC Rules contained in 47 CFR 11311, 1.1312, and 1.1307. The FCC NEPA evaluation for the referenced project has not identified any actions associated with the project that would have a significant effect on the quality of the human environment that would require the completion an Environmental Assessment. The radio frequency emissions from the antennas array(s), a proposed by Optima Towers at the subject facility will comply with FCC standards individually and cumulatively. A copy of the FCC NEPA report will be provided to Optima Towers for their records. Submittal of a copy of the report to the FCC is not required at this time. Thank you for the opportunity to be of service. Please contact us with any questions. Sincerely, � — 4' �.S ter Principal Scientist oard of Commissioners - April 3, 2017 ENV�IRON" IENTAE• CAORPORA -rION [) AMEh ... °ITEM: 8 - 22 - 1 f4l -, t, ftA 'tor 1 11 i INI ';.r:. ,. I ETE • ■if■ STREET Ben Andrea, CZO, AICP Current Planning & Zoning Supervisor Planning & Inspections - Planning & Zoning New Hanover County 23o Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7571 185 FAIRCHILD CHARLESTON, SC 29492 RE: Proposed 185400t monopole -style wireless communications facility to be located at 2020 Corporate Drive, Wilmington, NC 29205 by Optima Towers Dear Mr. Andrea: T- Mobile has been informed that Optima Towers has an application in process with New Hanover County for a 185 400t monopole -style wireless communications facility to be located at 2020 Corporate Drive. T- Mobile would like to utilize this proposed tower for the placement of our equipment necessary to serve the Northchase area and Olsen Park. The proposed Optima Towers facility at 2020 Corporate Drive provides the ideal location for our network in this part of New Hanover County. Presently, we are serving this area with equipment located on the Cape Fear Public Utility Authority water tank located at 2607 Northchase Parkway. We received notice in December from the Cape Fear Public Utility Authority that our lease on the water tank had been terminated and all of our mounted equipment had to be removed by February 21, 2016. Subsequent to that notice, there have been a variety of communications from Cape Fear Public Utility Authority that severely question the future viability of the water tank for T- Mobile. Most recently, the Cape Fear Public Utility Authority has attempted to have T- Mobile pay for the remediation of their deferred maintenance on the water tank, which is unacceptable and contrary to our agreement with the Cape Fear Public Utility Authority. We cannot operate an effective network in the face of this uncertainty and confusion for such an important location. Consequently, we no longer find that collocation on the water tank is reasonable or possible for T- Mobile. We are extremely excited about the proposed Optima Towers facility, as it will provide the long -term home for T- Mobile necessary to serve the surrounding area in the manner the citizens of New Hanover County have become accustomed to. We sincerely hope that the Optima Towers facility will be approved by the New Hanover County Board of Commissioners and that we can complete our move to this facility at the start of 2017. I thank you very much for your time and consideration, and if you have any questions, please feel free to call me at 843 - 532 -4o88. Robert Pill Robert Hill Site Development Manager T- Mobile Stick Together Carolinas Market 843 - 532 -4088 (mobile) Rohert. HiIIj2T- MohIIP..com Cc: Joseph O. Taylor, Jr. Esq. Board of Commissioners - April 3, 2017 ITEM: 8 -23-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 3, 2017 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Vice Chair Ernest Olds) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor SUBJECT: Public Hearing Rezoning Request (Z -958M, 3/17) - Request by Design Solutions on Behalf of the Property Owner, Lawrence Lawson Heirs, to Rezone 6.9 Acres Located at 4713 Carolina Beach Road, from (CUD) R- 10, Conditional Use Residential District, to (CUD) R -10, Conditional Use Residential District, and for a Special Use Permit for a High Density Development Consisting of 96 Dwelling Units BRIEF SUMMARY: The subject property includes approximately 6.9 acres located along Carolina Beach Road. Sikes Drive also connects directly into the property. The property is in an area that transitions into the City of Wilmington. Properties to the north and south of the subject property have been annexed by the City of Wilmington in recent years. A multi - family development, Belle Meade Apartments, has been constructed on the adjoining property to the north. Properties within the unincorporated areas are zoned predominately residential. On May 2, 2016, the property was rezoned to a (CUD) R -10 district in order to allow for the development of an 80 unit apartment complex. The owner of the adjacent apartments (Belle Meade) is currently in the process of obtaining ownership of the subject property and is seeking to incorporate it into Belle Meade Apartments. In order to do so, major modifications are being proposed for the development, including changes to the site layout and density. The new proposal would eliminate the driveway to Carolina Beach Road and increase the number of units to 96. In addition, changes are being proposed to the site plan that do not currently comply with the standards of the Zoning Ordinance. Specifically, the site plan does not comply with the height and buffer requirements for high density developments. In order to address this, the applicant has also submitted a text amendment application (TA17 -01) which will modify these standards. Therefore, the proposed site plan's compliance with the Zoning Ordinance is contingent on the text amendment application being approved by the Board of Commissioners. The high density development will generate 49 trips in the AM peak, and 60 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 and General Residential. The proposed development is consistent with the recommended place types. Higher density residential is an appropriate use in the Community Mixed Use place type, and recreational areas, such as the one northeast of Sikes Dr., are encouraged within the General Residential place type. Board of Commissioners - April 3, 2017 ITEM: 9 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 proposal. The Planning Board considered this application at their March 2, 2017 meeting. At the meeting, no one spoke in opposition to, or in favor of, the application. The Planning Board recommended approval (6 -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 multi - family residential is encouraged within the Community Mixed Use place type. The proposed density is consistent with the Plan and supports the small - scale, compact, mixed use development patterns that this place type promotes. 2. Reasonable and in the public interest because the development provides for increased density in an area best suited for development. The property is located in close proximity to water and sewer utilities, and pedestrian amenities. The development also supports efficient travel by providing interconnectivity to the surrounding properties. The Planning Board also recommended approval (6 -0) of the Special Use Permit with the following conditions: 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive on the subject property, Tract 7 Biddle Subdivision, shall be platted as a public right -of -way. 2. A 10' multi -use path shall be installed along Carolina Beach Road in accordance with the Wilmington/New Hanover County Comprehensive Greenway Plan. The multi -use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. 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 staffs 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 finds that this application for a Special Use Permit meets Board of Commissioners - April 3, 2017 ITEM: 9 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 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.] ATTACHMENTS: Z -958M Script for BOC Z -958M Staff Summary BOC Z -958M Neighbor Properties Map Z -958M Future Land Use Map Z -958M Zoning Map Applicant Materials Cover Page Z -958M Application Package Proposed Site Plan Cover Page Z -958M 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: Affirmed staffs statements regarding zoning 5 -0. Approved Special Use Permit 5 -0. Board of Commissioners - April 3, 2017 ITEM: 9 SCRIPT for CONDITIONAL USE Zoning District Application (Z -958M, 3/17) Request by Design Solutions on behalf of the property owner, Lawrence Lawson Heirs, to rezone 6.9 acres located at the 4713 Carolina Beach Road, from (CUD) R -10, Conditional Use Residential District, to (CUD) R -10, Conditional Use Residential District, and for a Special Use Permit for a high density development consisting of 96 dwelling units. 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 approve or deny of the application. What do you wish to do? 8. Vote on rezoning (first vote). The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to 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) 0 Motion to deny the permit because the Board cannot find: a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: b. That the Use meets all required condition and specifications: c. That the use will not substantially inure the value of adjoining or abutting property, or that the use is a public necessity: d. That the location and character of the use if developed according to the plan submitted and approved will be in harmony with the area in which it is located and is in general conformity with the plan of development for New Hanover County: 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 cannot find that this proposal: 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] Z -958M STAFF SUMMARY CONDITIONAL USE ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z -958M, 3/17 Request: Modification of an existing Conditional Use District in order to increase the number of units from 80 to 96. Applicant: Property Owner(s): Cindee Wolf of Design Solutions Lawrence Lawson Heirs Location: Acreage: 4713 Carolina Beach Road 6.9 acres PID(s): Comp Plan Place Type: R07100- 003 - 009 -000 Community Mixed Use & General Residential Existing Land Use: Proposed Land Use: Undeveloped High Density Development Current Zoning: Proposed Zoning: (CUD) R -10 (CUD) R -10 SURROUNDING AREA LAND USE ZONING North Belle Meade Apartments, Belle Meade Village Community Business (CB), R -10 (Wilmington) East Undeveloped R -15, Multi - Family — Low Density (MF -L) South Silver Lake Baptist Church R -15 West Office Uses (CZD) 0&1 Z -958M, (3/17) Board of Commissioners - April 3, 2017 ITEM: 9 - 2 - 1 Page 1 of 10 ZONING HISTORY Water /Sewer April 7, 1971 Initially zoned R -15 December 1, 2008 4.5 acres of the property were rezoned to (CZD) B -1 (Z -891 ) May 2, 2016 Rezoned to (CUD) R -10 in order to allow for the development of a high Capacity w /Mobiles density development consisting of 80 units. COMMUNITY SERVICES Water /Sewer The development will connect to CFPUA water and sewer services. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Myrtle Grove Station Schools School Total Capacity w /Mobiles +/- Capacity CRECC 114 115 -1 Bellamy 630 524 106 Codington 594 481 113 Myrtle Grove 746 674 72 Ashley 1971 1786 185 Recreation Arrowhead Park & Southgate Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z -958M, (3/17) Board of Commissioners - April 3, 2017 ITEM: 9 - 2 - 2 Page 2 of 10 TRANSPORTATION • Access is provided to the subject property by Sikes Drive. Sikes Drive has been dedicated as a public street, however, it has not at this time been accepted into Wilmington's maintenance system. • The proposed development will also provide two parking lot cross - accesses to the existing Belle Meade apartment complex. The development will install sidewalks along all drives and Sikes Drive, connecting to the existing sidewalks along the street. Also, the development will install a multi -use path in accordance with the Wilmington /NHC Comprehensive Greenway Plan. A bus stop for Route 201 is located north of the subject property. Traffic Count - 2015 Road Location Volume Capacity V/C LOS Carolina Beach 49 60 T' A 5000 Block 29,430 29,300 1.004 F Road YFRCVE 'J J t r�ceEkTloi. -_ ; F G � � LLE DEAD Trip Generation LAND USE INTENSITY AM PEAK PM PEAK Apartments (220) 96 dwelling units 49 60 • Traffic Impact Analysis are required to be completed for proposals that will generate more than 100 peak hour trips in either the AM or PM peak hours. ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas. • The subject property is within the Bernards Creek (C;Sw) watershed. • Soils on the property consist of Class I (Suitable /Slight Limitation) 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. CURRENT APPROVED SITE PLAN & CONDITIONS Z -958M, (3/17) Page 3 of 10 Board of Commissioners - April 3, 2017 ITEM: 9 - 2 - 3 G L ' I2 JJTE GN 7­6—TL' 6 —LL ?L'IL61— —0-6- 0 -6— SELL ' i ADE LF -a T' A n \ YFRCVE 'J J t r�ceEkTloi. -_ ; F G � � LLE DEAD "T 2 ._- 130�'GTCN E cr I fN A k'za\T JJ"'° T RA\ EyTGLE� GETE�T GN J' P' �TBAC< 31 \S J.ITH '.:, - "lj NT�HM1v _ }VGE rL.^,FED IMF -'VED �u — �FGJECT EGFIST _­_- �GR.JTI'TJ_ �aCE Z -958M, (3/17) Page 3 of 10 Board of Commissioners - April 3, 2017 ITEM: 9 - 2 - 3 • The current approval allows for the development of a high density development consisting of 80 units (1 1.6 du /ac). • The following conditions were placed the current approval: 1. Prior to issuance of a Certificate of Occupancy, Sikes Drive on the subject property, Tract 7 Biddle Subdivision, shall be platted as a public right -of -way. 2. A 10' multi -use path shall be installed along Carolina Beach Road in accordance with the Wilmington /New Hanover County Comprehensive Greenway Plan. The multi -use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. 3. Sikes Drive from Tract 7 Biddle Subdivision to St. Andrews Drive shall not be opened for access for the benefit of the subject property until a Certificate of Occupancy has been issued pertaining to the development on the subject property. Proposed Site Plan • The proposed site plan modifies the layout and increases the number of units to 96, for a density of 13.9 du /ac. • The site plan's compliance with the Zoning Ordinance is contingent on a related text amendment application (TAI 7-01 ) being considered by the Board of Commissioners. The site plan does not comply with the height and buffer requirements of the current regulations. r s i Z -958M, (3/17) Board of Commissioners - April 3, 2017 ITEM: 9 - 2 - 4 r�e Belle Meade Apartments III ry m Page 4 of 10 2016 COMPREHENSIVE LAND USE PLAN I The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. Specific goals of the comprehensive plan are designated to be promoted in each place type, and other goals may be relevant for particular properties. • The subject parcel is classified as two different place types on the Future Land Use Map — Community Mixed Use and General Residential. The map's place type designations are not parcel specific, and in general, Community Mixed Use areas abut major transportation corridors while General Residential areas are near existing lower density residential development. For the proposed development, staff has reviewed the section southwest of Sikes Dr. for consistency with Community Mixed Use and the northeast section with General Residential. Because the majority of the development is Community Mixed use and the subject site abuts Carolina Beach Rd, the application was reviewed for consistency with goals relevant for the Community Mixed Use place type. Future Land Use Map Place Type Community Mixed Use &General Residential Community Mixed Use: 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 appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. Place Type Description General Residential: Focuses on lower- density housing and associated civic and commercial services. Housing for the area is typically single - family or duplex. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Recommended types of uses include single - family residential, low- density multi - family residential, light commercial, civic, and recreational. Z -958M, (3/17) Board of Commissioners - April 3, 2017 ITEM: 9 - 2 - 5 Page 5 of 10 The proposed development is consistent with the recommended place types. Consistency Higher density residential is an appropriate use in the Community Mixed Analysis Use place type, and recreational areas, such as the one northeast of Sikes Dr., are encouraged in General Residential designated places. Relevant Goals of the Comprehensive Plan Goal I: Support business Desired Outcome: A vibrant economy for New Hanover success County based on business success Consistency Analysis: Higher density residential development provides nearby consumer support of office and retail businesses, which are encouraged in the Community Mixed Use place type and growth nodes of the county. Goal III: Promote fiscally Desired Outcome: Growth patterns that achieve efficient responsible growth provisions of services and equitable distribution of costs between the public and private sectors Consistency Analysis: The infill location and density of the proposed development efficiently uses existing infrastructure. The site's design includes connections with an existing street network and provides for a portion of the multi -use path recommended along Carolina Beach Rd. The subject property is adjacent to the Monkey Junction growth node, and the higher density proposed will assist in meeting the densities required to sustain future transportation infrastructure and networks in this area. Goal VIII: Integrate multi- Desired Outcome: A community with a mixture of land uses modal transportation into that allows for individuals to perform daily tasks without the mixed land uses that use of an automobile. A community where individuals can encourage safe, walkable safely walk, bike, and access transit. communities Consistency Analysis: The proposed site design includes street connectivity, provides sidewalks, and includes provisions for the multi -use path recommended along Carolina Beach Rd. These connections can encourage bicycle and pedestrian transportation modes of travel to the Monkey Junction growth node and other areas identified for targeted growth. Higher density multi- family in this location will also assist in providing the densities that could support transit improvements in the future. Goal IX: Promote Desired Outcome: Development that accommodates environmentally responsible population growth while minimizing negative impacts on growth natural resources Z -958M, (3/17) Board of Commissioners - April 3, 2017 ITEM: 9 - 2 - 6 Page 6 of 10 Consistency Analysis: The recommendation strategies and guidelines for this goal include encouraging infill and redevelopment to strengthen existing communities and maximize the use of properties for the highest and best use. The increased residential density on the subject site maximizes the use of the property, while the siting of recreational areas adjacent to existing lower density residential increases the project's compatibility with that development pattern. Goal XVI: Increase public Desired Outcome: New development patterns that focus on safety by reducing crime increased public safety through the built environment Consistency Analysis: The proposed sidewalks and multi -use path will assist in meeting this goal's implementation strategy of encouraging a walkable community that creates more human interaction between neighbors (eyes on the street /social space) to increase public safety. Also, it will provide a safe place for pedestrians and cyclists. Goal XVIII: Increase physical Desired Outcome: A built environment that encourages active activity and promote healthy lifestyles and increased health through walking and biking. active lifestyles Consistency Analysis: The sidewalk, multi -use path, and recreation area components of the proposed site design all assist in encouraging an active lifestyle. An indoor recreational area is also indicated on the application. Goal XXI: Ensure NHC remains in attainment for air Desired Outcome: New Hanover County to remain in quality, in support of clean air attainment for air quality to protect public health and retain and improved health outcomes and attract development and industries in support of continued growth Consistency Analysis: Two of the primary strategies for this plan goal are promoting compact development and encouraging development patterns conducive to pedestrian and bicycle use in order to reduce motor vehicle trips. This compact, multi - family residential infill development is adjacent to existing commercial areas including the Monkey Junction growth node. The infrastructure provided in the proposed site design will allow residents of this and nearby developments to access commercial services by foot or bicycle. Staff Consistencv Recommendation The Belle Meade III application is consistent with the goals of the 2016 Comprehensive Plan. The proposed site design provides higher density residential infill and multi -modal connections to a designated growth node, which will assist in meeting the plan's goals for business success, economic efficiencies for infrastructure, transportation alternatives, public health improvements, and reduction in vehicle miles traveled. Z -958M, (3/17) Board of Commissioners - April 3, 2017 ITEM: 9 - 2 - 7 Page 7 of 10 PLANNING BOARD ACTION The Planning Board considered this application at their March 2, 2017 meeting. At the meeting, no one spoke in opposition to, or in favor of, the application. The Planning Board recommended approval (6 -0) of the rezoning to the (CUD) R -1 0 district, finding that it is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because multi- family residential is encouraged within the Community Mixed Use place type. The proposed density is consistent with the Plan and supports the small - scale, compact, mixed use development patterns that this place type promotes. 2. Reasonable and in the public interest because the development provides for increased density in an area best suited for development. The property is located in close proximity to water and sewer utilities, and pedestrian amenities. The development also supports efficient travel by providing interconnectivity to the surrounding properties. The Planning Board also recommended approval (6 -0) of the Special Use Permit with the following conditions: 1 . Prior to issuance of a Certificate of Occupancy, Sikes Drive on the subject property, Tract 7 Biddle Subdivision, shall be platted as a public right -of -way. 2. A 10' multi -use path shall be installed along Carolina Beach Road in accordance with the Wilmington /New Hanover County Comprehensive Greenway Plan. The multi -use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Zoning District. 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 April 3, 2017 Board of Commissioners meeting. These findings are contingent on a related text amendment application (TA17 -01) being approved by the Board of Commissioners. Z -958M, (3/17) Board of Commissioners - April 3, 2017 ITEM: 9 - 2 - 8 Page 8 of 10 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 Utility Authority's standards. B. The subject property is located in the New Hanover County South Fire Service District. C. Access to the site will be provided by Sikes Drive, and through the existing Belle Meade apartment complex, which connects to Carolina Beach Road, an arterial street. D. The development will install sidewalks and a multi -use path, and will provide interconnectivity to the surrounding properties. E. The subject site does not host any known conservation, cultural, historic, or archaeological resources. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. High density developments are allowed by Special Use Permit in the R -10 zoning district. B. The site design complies with the standards of Section 72 -43 of the Zoning Ordinance. Staff Suggestion: Evidence in the record at this time supports a finding that the use would meet all of the required conditions and specifications of the Zoning Ordinance, provided text amendment application TA 17 -01 is approved. 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 and General Residential in the 2016 Comprehensive Plan. B. The surrounding land uses predominately include residential, including single - family and multi - family housing. C. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. 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 General Residential, and the proposal aligns with the intent of both classifications. Additionally, the proposal supports other policies of the 2016 Comprehensive Plan, including business success, economic efficiencies for infrastructure, transportation alternatives, public health improvements, and reduction in vehicle miles traveled. Z -958M, (3/17) Board of Commissioners - April 3, 2017 ITEM: 9 - 2 - 9 Page 9 of 10 B. The proposed development will provide for alternative forms of transportation in compliance with the 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. Prior to issuance of a Certificate of Occupancy, Sikes Drive on the subject property, Tract 7 Biddle Subdivision, shall be platted as a public right -of -way. 2. A 10' multi -use path shall be installed along Carolina Beach Road in accordance with the Wilmington /New Hanover County Comprehensive Greenway Plan. The multi -use path shall be constructed to the adjoining property lines and shall include any necessary crosswalks, boardwalks, or bridges. Z -958M, (3/17) Board of Commissioners - April 3, 2017 ITEM: 9 - 2 - 10 Page 10 of 10 z 3�J 3 y- >. 4) — 3Q LL. 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Q Q m co � �� u ❑ � O v Z a a m m O ° = +.�►�N o to ♦ ®�A 041,5 (7V m ti N = o as •0 a�i � ��� ❑ ���'/� v 'eJ� b��s W j �0,, o dp PG 2 c H 0� 4) 'a �'r6 0��� d0 1 _ �' ✓ 0 m tib y _ ui CO N b.1 Nl b �� . �"¢ • N •0 S a o D a) N u � LL i O N CAROLlNq � v � O �0 LA - P� G Board of Commissioners - April 3, 2017 ITEM: 9 - 5 - 1 APPLICANT MATERIALS Board of Commissioners - April 3, 2017 ITEM: 9 - 6 - 1 NEW HANOVER COUNTY PLANNING & INSPECTIONS Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910- 798 -7053 fax Application for www.nhegov.com CONDITIONAL USE ZONING DISTRICT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Cindee Wolf Lawrence Lawson Heirs 4713 Carolina Beach Rd Company Owner Name 2 Parcel ID(s) Design Solutions 313517.00.9136 Address Address Area P.O. Box 7221 P.O. Box 683 6.66 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Valparaiso, FL 32580 (CUD) R -10 / Vacant Phone Phone Proposed Use 910 - 620 -2374 (CUD) R -10 Modification Email Email Land Classification cwolf @lobodemar.biz Application Tracking, Infornilation Only) Comm Mixed -Use & Gen Res Case Number Datefrime received: Z- `15-8/'1 Z Z z�1- 7��K� gecceiv�ed_by: APPLICATION OVERVIEW In order to assist petitioners through the conditional use rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments, conditional use zoning districts, and Special Use Permits prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments, conditional use zoning districts, and Special Use Permits: • Section 55.3: Conditional Zoning Districts • Section 70: Objectives and Purposes of Special Use Permits • Section 71: General Requirements of Special Use Permits • Section 72: Additional Restrictions Imposed on Certain Special Uses • Section 110: Amending the Ordinance • Section 1 11: 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. Page 1 of 5 Board of Commissioners - April 3, 2017 04/14 ITEM: 9 - 7 - 1 Print Form NEW HANOVER COUNTY 230 Government Center Drive Suite 110 PLANNING & INSPECTIONS 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 Belle Meade Dev Ptnrs ll, LLC 4713 Carolina Beach Rd Company Owner Name 2 Parcel ID(s) Design Solutions 313517.00.9136 Address Address Area P.O. Box 7221 6626 -C Gordon Road 6.66 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Wilmington, NC 28411 (CUD) R -10 /Vacant Phone Phone Proposed Use 910 -620 -2374 910 - 799 -3006 / Contact: Adam Sosne (CUD) R -10 Modification Email Email Land Classification cwolf @lobodemar.biz Application Tracking Information adamsosne @yahoo.com (S1q/J'0uA) Comm Mixed -Use & Gen Res Case Number Date/Time received: Received by: APPLICATION OVERVIEW In order to assist petitioners through the conditional use rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments, conditional use zoning districts, and Special Use Permits prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments, conditional use zoning districts, and Special Use Permits: • Section 55.3: Conditional Zoning Districts • Section 70: Objectives and Purposes of Special Use Permits • Section 71: General Requirements of Special Use Permits • Section 72: Additional Restrictions Imposed on Certain Special Uses • Section 110: Amending the Ordinance • Section 111: Petitions • Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Page 1 of 5 Board of Commissioners - April 3, 2017 ITEM: 9 - 7 - 2 04/14 APPLICATION OVERVIEW (continued) Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. APPLICATION REQUIREMENTS In order to assist petitioners through the process for a conditional use rezoning, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For High Density Residential projects, a High Density Residential application and High Density Checklist must also accompany this application. The New Hanover County Technical Review Committee (TRC) must also review a High Density Residential project prior to submitting this application. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Staff Initial Initial Narrative of Proposed Use CAW Traffic Impact Worksheet CAW Traffic Impact Analysis (if applicable) N/A Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. CAW 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 -2406 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. Page 2 of 5 Board of Commissioners - April 3, 2017 ITEM: 9 - 7 - 3 04/14 Any other information that will facilitate review of the proposed change (Ref. CAW Article VII, as applicable) A report of the required public information meeting outlined in Section 111 -2.1. CAW Authority for Appointment of Agent Form (if applicable) CAW Fee - For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 CAW CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning classifications which would allow that use are acceptable. The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1. How would the requested change be consistent with the County's Policies for Growth and Development? e policies for growth and development encourage safe and affordable housing to be available to every citizen. Sustainability the County depends on sensible in -fill and maximizing use of lands already accessible to urban services. A higher density of 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 utasstrication The new Comprehensive Land Use Plan identifies this tract as being in both the Community Mixed -Use and General Residential Land Classifications. Those classifications are intended to provide for future intensive urban development on lands that have been, or will be provided with necessary urban services. The location of these areas in based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. .3. what szgnittcant neighborhood changes have occurred to make the original zoning inappropriate, or how is A previous plan for tax - credit housing has not come to fruition. The logical development is for the adjacent existing apratment complex to expand. There is a mix of multi - family and commercial projects developed along this stretch of Carolina Beach Road. High- density residential development serves as a good transitional use along busy thoroughfare corridors, locating them near the services they need. 4. List cro2osed conditions and restrictions that would mitigate the im acts of the 2ro2osed use(s). The area along the northern boundaries with the single - family uses is only being used for the stormwater management facility and will also be planted to provide adequate screening & buffering. Lighting will be strategically placed limited such that no light will shine beyond the limits of the property boundary. Since the property to the northwest is a multi- family development, and the property to the southeast is a church, no additional provisions are necessary other than standard building setbacks. Page 3 of 5 Board of Commissioners - April 3, 2017 04/14 ITEM: 9 - 7 - 4 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 sed and developed according to the plan as submitted and approved." ie project would be accessed from both Mateo Drive and Sikes Drive, but with access to Carolina Beach Road, a major arterial iblic right -of -way, maintained by NCDOT. The project layout has been approved by the County Technical Review Committee. ater and sanitary sewer service will be provided by extension of private mains from the CFPUA system. Permitting by all State id County agencies will be required prior to onset of construction. The housing facilities will have management and aintenance services to assure quality of the project and safety of the residents. 2. The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. e development has direct access to Carolina Beach Rd., an existing major arterial roadway, thereby meeting the requirement Section 72- 43(1). he CAMA Land Classification is Urban, also meeting the requirements. The Urban classification is intended for more intensive evelopment. 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 t)uottc necessi he project is proposed along a commercial corridor where there is a variety of intensive business uses and multi - family ousing. The adjacent existing single - family parcels will be buffered by landscape plantings to provide screening & use eparation. Conditions including adequate buffering, and upgraded building materials add to the quality of the project. These the location of the buildings removed from direct adjacency to the single - family homes should assure that there will be no dverse impact to those property values. 4. The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." The location of this project adheres to land use planning policies for optimum efficiency in land utilization and public service delivery. It is located with easy access to the interstate highway & downtown Wilmington. The policies for growth and development encourage safe and affordable housing to be available to every citizen. Approval of this property for a higher- density of residential development would be consistent with the concept of transitioning uses, and in- filling vacant parcels where existing utilities can readily be extended and urban services are available. Board of ComT &1fi5 April 3, 2017 ITV -7 -5 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 • Outdoor Shooting Ranges • Adult Entertainment Establishment • Hospital or Nursing and Personal Care Facilities • Indoor /Outdoor Recreation Establishments • Private Club or Lodge and Fraternal and Social • Community Boating Facility Organizations • Residential Uses within Commercial Districts • Sanitary Landfill • Bed and Breakfast Inn • Travel Trailer Park • Electronic Gaming Operation • Family Child Care Horne • Farmers Market or Produce Stands in • Kennel Residential Zoning Districts • Mobile Home • Mining • Non - Residential Off - Street Parking • High Density Development • Commercial Marina • Senior Living Options • Septage and Sludge Disposal 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. 1 � Signature of Petitioner Cindee Wolf / Design Solutions Print Name Page 5 of 5 Board of Commissioners - April 3, 2017 04/t4 ITEM: 9 - 7 - 6 _."W, NEW HANOVER COUNTY PLANNING & INSPECTIONS AUTHORITY FOR APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 -798 -7053 fax www.nhcgov.com Please note that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf Belle Meade Dev. Ptnrs. II, LLC 4713 Carolina Beach Road Company Owner Name 2. City, State, Zip Design Solutions Barry Amos - Manager Wilmington, NC Address Address Parcel ID P.O. Box 7221 6626 -C Gordon Road 313517.00.9136 City, State, Zip City, State, Zip Wilmington, INC 28406 Wilmington, NC 28411 Phone Phone 910- 620 -2374 910 -799 -3006 / Contact: Adam Sosne Email Email cwolf@lobodemar.biz adamsosne @yahoo.com Case Number Reference: Date/Time received: Received by: This document was willfully executed on the J9 � - Owner 1 Signature I day of .20 1 "7 Owner 2 Signature Board of Commissioners - April 3, 2017 04/14 ITEM: 9 - 7 - 7 dotloop signature verification: vvww.dotloop.com/my/verification/DL-216035114-3-1320 0-- " NEW HANOVER COUNTY PLANNING & INSPECTIONS _ o c a A UTHORITY FOR APPOINTMENT OF AGENT Print For 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner:. 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf Lawrence Lawson Heirs 4713 Carolina Beach Road Company Owner Name 2 City, State, Zip Design Solutions Wilmigton, NC Address Address Parcel ID P.O. Box 7221 P.O. Box 683 313517.00.9136 [7100- 003 - 009 -0001 City, State, Zip City, State, Zip Wilmington, NC 28406 Valparaiso, FL 32580 Phone Phone 910- 620 -2374 Email Email cwolf@lobodemar.biz Application m, On Case Number Reference: Date /Time received: Received by: This document was willfully executed on the 31 lay of January Owner 1 Signature dotloop verified 01/31/1710:21AM EST ADLO- DYNP - TKLY -IFNQ , 20 17 Board of Commissioners - April 3, 2017 ITEM: 9 - 7 - 8 04/14 Narrative for Conditional Use District Modification Belle Meade Apartments — Phase III The subject property was previously approved as a high- density development, but that proposed project never went forward into design and permitting. It had eighty (80) units with a total of 182 bedrooms. The modified project is an up -scale apartment complex with ninety -six (96) units, but limited to only one- and two - bedroom units for a total of 156 bedrooms. A recreation amenity is included in one of the building. There are of course the associated parking areas and open spaces. Also, this project is an expansion of an already existing apartment complex with a pool facility. This area of the County, along Carolina Beach Road, has become a major growth corridor. The location of services in along the corridor is just one of the various reasons. The project area is classified by the County Comprehensive Plan as a split of "Community Mixed -Use" along the road frontage, and "General Residential" towards the rear. The Community Mixed -Use is an urban classification 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, empty- nester, and single - person households will dominate America's future housing markets. This all adds up to the potential for important changes in housing demand that planners need to anticipate. Shifting housing preferences and tightening of financial regulations suggest that higher- density housing options appear to be outpacing the demand for detached houses. Having a mixture of uses in the same vicinity provides innovative opportunities for integrating diverse but compatible uses. Providing convenient services in proximity of housing facilities increases pedestrian activity and decreases reliance on individual vehicles. Building up instead of sprawling out with vast land coverage of a site enhances environmental quality. 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 at the rear of the project. Buffers will be installed as required around the tract perimeter adjacent to single - family housing. Streetyard, interior parking area and foundation plantings will add to the visual appeal of the project. The County's policies for growth and development encourage safe and affordable housing to be available to every citizen. Infill of vacant properties where services, jobs, and easy traffic circulation to other points in the County is an excellent opportunity for good economic development and increased tax base. We believe that this project meets those criteria and presents sensible density with an attractive design. Board of Commissioners - April 3, 2017 ITEM: 9 - 7 - 9 NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT HIGH DENSITY A PPLICA TION FOR TRC REVIEW APPLICATION # 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Petitioner Information Property Owner(s) Subject Property If differe nt than Petitioner Name Owner Name Address Cindee Wolf Belle Meade Dev.Ptners II, LLC 4713 Carolina Beach Rd Company Owner Name 2 Parcel ID Design Solutions 313517.00.9136 Address Address Acreage P.O. Box 7221 6626 -C Gordon Rd. 8.9 Ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Wilmington, NC 28411 (CUD) R -10 / Vacant Phone Phone Proposed Zoning and Use 910 - 620 -2374 910 - 799 -3006 (Adam Sosne) (CUD) R -10 / High- density Email Email Land Classification cwolf @lobodemar.biz adamsosne @yahoo.com Mixed -Use & Gen Res SUBMISSION REVIEW PROCEDURES Applications must be reviewed by the Technical Review Committee prior to submission for Planning Board consideration. A fee of $300.00 per application will be charged. This fee is payable to New Hanover County and MUST accompany this application. The application must also be accompanied by a site plan conforming to the requirements of Section 69.2, Section 69.4 of the Zoning Ordinance and a special use permit application. Applications for High Density Development are received and reviewed by New Hanover County Planning & Zoning and applicable to State, County, and Federal agencies. You are encouraged to arrange an informal pre - application conference with Planning & Zoning Staff at least two weeks prior to the date upon which you intend to submit an application for TRC review. By attending this conference, you will improve your chances of submitting a complete and acceptable application. You should bring a rough sketch of your proposal to the conference. Planning & Zoning staff will proceed to: 1. Advise you of possible environmental concerns. 2. Generally describe the required improvements. 3. Point out significant design problems. 4. Advise you regarding the required approval letters. 5. Generally guide you in preparing the TRC submission. 6. Once completed, the High Density application and 15 copies of the site plan are submitted. New Hanover County Planning & Zoning will send a copy to each appropriate reviewing agency. When written agency comments have been received along with water and sewer letters, the site plan will be placed on the agenda for the next regularly scheduled Technical Review Committee (TRC) meeting. Written agency comments must be received three (3) weeks prior to the TRC meeting. 7. The required special use permit application may be submitted for Planning Board consideration at the next published deadline following TRC recommendation on the site plan. A site plan checklist is available to guide you through this process. I certify that all information presented in this application is accurate to the best of my knowledge. Design Solutions / Cindee Wolf Signature of Petitioner or Property Owner Print Name HD 4/10 Board of Commissioners - April 3, 2017 ITEM: 9 - 7 - 10 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 Belle Meade Apartments - Phase III PROJECT ADDRESS 4713 Carolina Beach Road DEVELOPER/OWNER EXISTING ZONING Belle Meade Dev Ptnrs. II, L.L.C. (CUD) R -10 96 Dwelling Units NEAREST INTERSECTION Mateo Drive BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) 29,430 (2015) F ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: ITE 8th Ed.Apartments (220) (Example: Racquet Club; 8 courts; Saturday peaks) rs AM PEAK HOUR TRIPS 49 PM PEAK HOUR TRIPS 60 (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping m eeting with Plan n ing Departm en t) Cindee Wolf from ITE Manual Person Providing Estimate Cindee Wolf Signature Peak Hour estimate confirmed by Planning & Zoning on IRE (Date) Board of Commissioners - April 3, 2017 ITEM: 9 - 7 - 11 9 r' q' S O ®- _ O =� (0 C) 00 lei cu 0 Y-4 a 0 LO O J " i Z 0 f� f. Board of Commissioners -April 3, 2017 f ,, ITEM: 9 - 7 - 12 Legal Description for 4713 Carolina Beach Rd -- approx. 6.9 acres PID: R07100-003-009-000 BUTNXING at a point• in tho Eastern line of State Highway 140 1265 feet southwardly (as meosured slong Lhu eastern edge of the pavviaent on �;3id HHO-1WAy At rij.,11t, ftn�,rleu, then turn to the point of beQ. vinning ) froya the center of the eastern headwall of tho c ;ulvcrt accon.odating thu waters of Barnard's Creek., the hail beginning point being the nouth- wqA,%t corner of T.ot 'N of the Division of Part of the i3iddlp-, Yands made by J. L. Becton, C. E-1 July 1934) and runs thence from said begianing point South 35 derrues 40 minutes East Frith and along the Eastern line of said Highway 200 fact to the Northwe,%l6ern corner of Lot #8; thence Korth S4 degree" 20 minutes Cast along , the dividing line butwean tracts 7 & 1400 fact to the back 1 i e; thenre Worth Ll degrees 55 minutes East with the back line aholit 250 fact more or lass to the point that is exactly North 54 degs-uun 20 miAtutes Last 1620 feet frovi the point of bCAinni0g; thence South 54 degrees t wi.ti, a J,lile at right angles to ay Ili, w 140 and along the Snutisern line of Tract #6 a distance of 1620 foot to the point of beginalar., cantaining 6.9 acras, and being all of Tract fl or vie, "ict subdivisiou of the Biddle Lands. Board of Commissioners - April 3, 2017 ITEM: 9 -7-13 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 4713 Carolina Beach Road Proposed Zoning: Conditional Use District / (CUD) R -10 / Modification 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, and provided to the Planning Department for notice of the Sunshine List on January 12, 2017 . A copy of the written notice is also attached. The meeting was held at the following time and place: Thursday, January 26, 2017 6:00 — 7:00 p.m.; at the Silver Lake Baptist Church, 4715 Carolina Beach Road The persons in attendance at the meeting were: Reference attached sign -in List The following issues were discussed at the meeting: A brief synopsis of the past petition and the withdrawal of the group originally seeking tax credit funding for affordable housing was given, along with an introduction to the current site plan. There were questions about whether the developer would consider pricing some percentage of the units to meet the criteria for affordable housing. The status of the extension of Sikes Drive was discussed. Although it will be dedicated for public use, it would not be eligible for NCDOT acceptance and the City of Wilmington would not accept it until that underlying land area was annexed. The developers will be required to maintain the street until such time as other arrangements could be coordinated. As a result of the meeting, the following changes were made to the rezoning petition: None Date: January 28. 2017 Applicant: Design Solutions By: Cindee Wolf Board ot Uommissioners - April ITEM: 9 -7-14 Community Information Meeting Belle Meade Apts - Phase III Thursday, January 26, 2017 Name Address Email (Optional) ��� � " {, �J °'L� �II vL5� �,i0o�s�i►'- --fc`" � �•`#�'+ � c ,vra�,s-�c �,rte i S �kSfp r of S� ��Xr Get ? �04- 7 &Yc, M'I �/v �a� •�v Board of Commissioners - April 3, 2017 ITEM: 9 -7-15 A �t '7— d! / i E 7 r Bo of Com `loners ;Q irH 3, 2017' IT 9 16 MAPID 313405.09.7108.000 312408.99.6777.000 313517.11.0090.000 313517.00.8482.000 313517.10.8925.000 313517.00.4053.000 313517.00.7733.000 313517.10.6823.000 313517.00.9804.000 313517.00.9720.000 313517.11.4190.000 313518.21.9143.000 313517.10.1537.000 312408.98.6306.000 313517.00.9437.000 313405.09.1042.000 312408.99.9257.000 313405.09.1187.000 312408.99.6015.000 313517.10.4715.000 313517.10.7759.000 313517.10.8435.000 312408.99.6480.000 313517.00.8612.000 313517.11.6004.000 313517.10.9611.000 312408.99.8522.000 313405.09.3080.000 313517.10.4942.000 313405.19.4597.000 312408.99.6777.004 312408.99.6777.005 313517.10.7288.000 313517.00.9136.000 313517.10.4286.000 312408.99.5684.000 313517.00.7557.000 313517.10.6891.000 313517.11.3037.000 313517.10.7919.000 313405.09.6183.000 313405.08.1918.000 313517.10.0850.000 313517.10.5809.000 312408.99.6777.001 312408.99.9519.000 313517.10.5876.000 313517.10.7481.000 313405.09.1095.000 313517.10.0546.000 313517.10.7363.000 313517.00.9785.000 313405.09.2039.000 313517.10.0924.000 313405.09.6501.000 313517.10.8737.000 312408.99.1588.000 313405.08.3936.000 313517.00.8666.000 312408.99.9430.000 312408.99.8138.000 313517.10.3976.000 313517.11.6062.000 313517.10.1691.000 313517.11.5057.000 312408.99.7456.000 500' Perimeter Notification List for (CUD) R -10 Modification Petition PARID R07100- 009 - 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April 3, 2017 ITEM: 9 -7-17 CITY-ST WRIGHTSVILLE BCH NC 28480 HILLSBOROUGH NC 27278 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28401 WILMINGTON NC 28405 WILMINGTON NC 28412 WILMINGTON NC 28403 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28405 WILMINGTON NC 28412 ROCKY POINT NC 28457 WILMINGTON NC 28412 WILMINGTON NC 28403 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28408 WILMINGTON NC 28412 FAYETTEVILLE NC 28303 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 KURE BEACH NC 28449 WILMINGTON NC 28412 VALPARAISO FL 32580 ROCKY POINT NC 28457 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 JACKSONVILLE NC 28546 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 IOWA CITY IA 52240 WILMINGTON NC 28409 HAMPSTEAD NC 28443 WILMINGTON NC 28409 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28403 WILMINGTON NC 28403 WILMINGTON NC 28412 WILMINGTON NC 28401 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28409 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 WILMINGTON NC 28412 GREENSBORO NC 27408 WILMINGTON NC 28412 • Design Solutiov�s Transmittal January 12, 2017 To: Adjacent Property Owners From: Cindee Wolf Re: Belle Meade Apartments — Phase III You may recall that a plan for an 80 -unit tax - credit housing apartment complex was approved for this property in May, 2016. The project did not receive the proposed funding opportunity and has not yet proceeded into detailed design and permitting. The owners of the Belle Meade Apartments complex are now interested in expanding their existing project into this parcel. A modification of the existing approval would be required from the New Hanover County Board of Commissioners. The Conditional Use District allows only a particular use to be established 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 new project is attached. It includes a total of 96 units. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Thursday, January 26th, at the Silver Lake Baptist Church, 4715 Carolina Beach Road, 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 - April 3, 2017 ITEM: 9 -7-18 m 66'SeZ M 9�9poZ I S U � U N 0) 1 Ln - LO > m N � m P/5 E U c cD 73 N M 19 Q U � m co O � � N c T � cUis O y c > N C J PA Ix"Wean +I oQ o � m� 0 N +I N � O Q O \ L � O � � N x w L U N �7 Ny �> C) J U � m L N 2 O U Ln ,,n�n_ V 1 D L ca m '2`�� IN 00 O� � �d / v / / /\ // Ut VO N � N :i 6� Q = o N N u i LO m m u U Ln cJ\i L s= L nn� ll� c� 5= ^U ' ^W U 1 i x ca U 111 � �>J Z-1 O 5,O �c Y , O i v \ V %� vv vv \�/ / /\i ���0�2��0 �'`s / I� v/v / v \ / //� s «F \�_$ \ \�� / %\ U U > o rD � E IL N 41 111 rr\ z U U U � N U N LL- 0 O N > L J-1 Z N U O Z y > Q m p — N w L �U � N N c 6 O z O a� ti-- O (n O U N L C� O O O N O m O V O Ln =' u 75 —_ Ln O L N � U � w t O o ET N L O E I m N T }I U U _ v � tl tl O II u m o c6 L U tl tl tl C �\ O SL > o Q 4--N Ln `fiN MN 00� Ln — Ln Ln Ln ° v T) i 0 �? m p N Q U U � E ° D c9 41 41 v Q @ } 11 + c R o O° U 0 0 U 'o n pU0 N JO = z ~ T) T) Ln� CZ x m gym— Lnot�— _ n v z m II II — N + v Q — N N > 6 U m m E — N O (L (Z o O U N L L co X X m co * N mu 12 a- 73 73 a u0 Lm�o ° m m � L �U � N N c 6 O z O a� ti-- O (n O U N L C� O O O N O m O V O Ln =' u 75 —_ Ln O L N � U � w t O o ET N L O E c� J-> N T }I U U _ v � tl J1 N 6 U 6i II u m — o o I °v IT O cO Ln C C) O �6 > o Q 4--N Ln Ln Ln o v CD II II II p N Q U U � E ° D c9 x } v Q @ } 11 + c R o O° U 0 0 Z 'o n I V ' N JO = z ~ U E CZ x �m L� C > z N z w Lf) Q — N p = O E L �U � N N c 6 O z O a� ti-- O (n O U N L C� O O O N O m O V O Ln �6 ry s U c6 C6 5= L U l ` V1 In nN W L 73 Q L N O =' u 75 —_ � U � O L N � U � w t O o ET N L O E c� J-> N 41 \ ° U N U „ CZ C U L V �6 > o Q 4--N Ln = O N Q N@ z (3- U N -I-1 U O Q p U o Q E 3 � Z 'o n I V ' N JO = O Q x �m L� z N z w o U Q — N �6 ry s U c6 C6 5= L U l ` V1 In nN W L 73 Q L N O T � U � =' u 75 —_ � U � O L N � U � w t O C) O Z U N L O E c� z N 41 \ 73 � O N N O C U L V �6 > o Q 4--N Z O N Q N@ z (ct� DZ lam_ \ Q o 1i + O s ^ ` 1�11.J1 3 � O ~ I V ' � � JO = O Q c6 1D T � U � =' u 75 —_ � U � O N � U � w t O C) O Z U N 73 C L xx LL- _2 c U 4-1 � � N v O O rn > U + E U u — N 41 L SL 73 � O N N N y - V U 0 Z O N Q N@ O � Q o + O s (1 \ �lJ CL— s U U T a` � °�o JO t � O U -) 0 U U C � s m L N U Ln m Ln m Zv XX '92 � �00P / \� / /\\ \\ \ \ \ \ \ O > y< y��o= \ \ �\ \ \ \\ \ \ /// L� - �,Qo �� \ \\\\ /�A �� \ v/�� v �� A \v N w / A \ \ V \ /XX o o s NsLOa oU � o N y y C u >Q_ � R° o \ / �"► O ZZ O aF w O N U E U N 6 m s > O O O + c / rI I A // — N ' I \ \/ � � U-3 Q3 0 0 U AX o a =' u 75 —_ �j 0 '1 J O N � U cn N C) O Z U U U O xx LL- _2 c U 4-1 � � N O Q cLa U u — N -) L SL J > a =' o ° o o O _+ N � O u 7 \ o � n N� N /J� �O m U U z \ \'\\z _ T U y ° � o z N °I o o / / J O o o o f o U cn � a a' a> N O N a \\ // \ O U m O J S > ui�r his N� v cam �s NQ _ / z -" Q N = — c� � Ln c9 I� c0 � � _ zz w E y y D41 > > �76 y, U iLV �U PUS L Q� U _ 2L a c a s, O U +, U U O N E U U T U> L U p� SpOO s U c ° U E a c rn V u 3 75 -6 OU I Os N > U Eo �O E 64�4i 4P�� p c N N. 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M o 75 Ma ✓�'4 �_ O� U z = U Q D U m L — w v n Q 6 Q U cn 1 ( LL — N ch 4 Ln C 6 l� c0 67 — — D — N c0 � Board of Commissioners -April 3, 2017 VV /' c ;y� i 0 �i \ N � w ° m =' ° U cn \ o Q N � J o ZS r z Q / S o $ o Q 3 PROPOSED SITE PLAN Board of Commissioners - April 3, 2017 ITEM: 9 - 8 - 1 ssssz ,1P ' mo m � � u N�9>" V v' 00, ; \ t - ONNIE r/1 / I. va W, 1/11 MIAMI- c 0 N X V H Z � � u N N 3 U , s � vo N �N �> o` N Z I - � z �Y ID �o 000a�y� Zx \ ' K u m 0 U m Q i a) b o U 1 O � U F z O L N o � O Q = z N � O s o ^ ` Q U N N � N � U c O p 0 U N oho o�� IV / s �< ` E X� S > `y A. \ \ A one 7 s z �Y e 6 � 0 �ZaGr o 0 g c U xxx �At x LL _ s VI - DoE y 3PE _ c s -7' 35 E Eo�u 6m� = 5s = ;5`2, nz N •`1 ., Board of Commissioners - April 3, 2017 ITEM: 9 - 9 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: April 3, 2017 REGULAR DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning & Zoning Supervisor (Planning Board Rep: Vice Chair Ernest Olds) CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Land Use Director SUBJECT: Public Hearing Special Use Permit Request (S17 -01) — Request by Design Solutions on Behalf of the Property Owner, Church of God of Prophecy, for a Special Use Permit in Order to Operate a Personal Care Facility on 6.87 Acres of Land Located at 1380 N. College Road BRIEF SUMMARY: Design Solutions, applicant, on behalf of Church of God of Prophecy is requesting a Special Use Permit for the operation of a Personal Care Facility on a 6.87 -acre site located at 1380 N. College Road. The site has historically been used as a church and included a day care facility for the past several years. The site has three existing buildings that will be used. Additional improvements to the site will include one building expansion, and improved driveway, increased parking supply, improved internal vehicular circulation, stormwater management, improved landscaping and buffering, and provisions for a future bicycle and pedestrian path along N. College Road. The use consists of a facility offering a multitude of care and recreation for senior citizens aged 55 and over. Daily participation will include up to 112 participants, many of which are brought to the facility by vans that provide home pick up and drop off. Around 70 regular employees will be on -site daily. Services that would be provided include medical care, adult day care, recreational therapy, social work counseling, nutritional counseling, and prescription drugs. The site is zoned R -10 and R -15 residential zoning districts. Personal Care Facilities are allowed by Special Use Permit in both the R -10 and R -15 districts. Trips from the use are projected to be 64 AM peak hour trips and 82 PM peak hour trips. The trip generation from the project does not trigger the requirement for a Traffic Impact Analysis (TIA) to be performed. The 2016 Comprehensive Land Use Plan classifies the subject property as General Residential. This place type focuses on lower - density housing and associated civic and commercial services. The proposal is consistent with the goals of the 2016 Comprehensive Plan, as it re -uses and expands an existing non - residential site along a major highway with a use that can provide community services. The proposed site design also includes features supporting the recommended bicycle and pedestrian infrastructure recommended in the plan, including a 20' wide pedestrian and non - vehicular access easement for a future multi -use path as recommended in Wilmington/New Hanover County Comprehensive Greenway Plan, and also a pedestrian access point to the property that provides multimodal integration into the surrounding community. The Planning Board considered this application at their March 2, 2017 meeting. No one from the public spoke in favor of, or in opposition to, the application. The Planning Board held discussion about the need for an additional driveway to serve the site which was agreed to by the petitioner as well as additional vegetation along Kings Grant Road. The Planning Board voted 6 -0 to recommend approval of the request, citing the Board of Commissioners - April 3, 2017 ITEM: 10 preliminary findings of fact provided by staff, with one condition: to allow for an additional driveway on Kings Grant Road, with the appropriate distance away from West Rye Lane. After the Planning Board meeting, the petitioner submitted a revised site plan with an additional driveway to Kings Grant Road, sufficing the Planning Board's condition. The revised site plan also included additional landscaping along Kings Grant Road. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff has conducted an analysis of the proposed use and the information provided as part of the application package, in addition to supplemental information provided by the applicant and presented at the March 2, 2017 public hearing at the Planning Board, and has created preliminary findings of fact to support each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the April 3, 2017 Board of Commissioners meeting. ACTION NEEDED (Choose one): 1. Motion to approve (with or without conditions). 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to deny based on specific findings in any of the 4 categories, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. ATTACHMENTS: S17-01 Script S17-01 Staff Summary S 17 -01 Neighbor Properties Map S 17 -01 Zoning Map S 17 -01 Future Land Use Map Applicant Materials Cover Page S 17 -01 Applicant Materials Proposed Site Plan Cover Page S17 -01 Site Plan March 5 update COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval unless greater weight of the competent and material evidence presented during the Board of Commissioners - April 3, 2017 ITEM: 10 public hearing suggests that one or more of the required conclusions cannot be met. COMMISSIONERS' ACTIONS: Continued to May 1, 2017 at the request of the petitioner 5 -0. Board of Commissioners - April 3, 2017 ITEM: 10 SCRIPT FOR Special Use Permit Application (S17 -01) Request by Design Solutions on behalf of the property owner, Church of God of Prophecy, for a Special Use Permit in order to operate a personal care facility on 6.87 acres of land located at 1380 N. College Road. 1. Swear witnesses. Announce that "the special use 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. A Special Use Permit which is denied may only be resubmitted if there has been a substantial change in the facts, evidence, or conditions of the application as determined by the Planning Director. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to grant or deny the application. What do you wish to do? 7. Ask Applicant whether he /she agrees with staff findings and any proposed conditions. 8. Vote on the special use permit application. 0 Motion for approval of the application - All findings are positive. ❑ Motion for approval of the application, subject to conditions specified below: (State Conditions) 13 Motion for denial of the application because the Board cannot find: ria. That the use will not materially endanger the public health or safety if located where proposed for the following reason: rib. That the use meets all required condition and specifications: c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: d. That the location and character of the use if developed according to the plan submitted and approved will be in harmony with the area in which it is located and is in general conformity with the plan of development for New Hanover County: Example Motion for Approval: Motion to approve, as the Board of Commissioners 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. 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] S 17 -01 STAFF SUMMARY SPECIAL USE PERMIT REQUEST APPLICATION SUMMARY Case Number: S17 -01 Request: Special Use Permit to establish a Personal Care Facility Applicant: Property Owner(s): Cindee Wolf of Design Solutions Church of God of Prophecy Location: Acreage: 1380 N. College Road 6.87 acres PID(s): Place Type: R04213-01 9-019-000 R04200- 004 - 001 -000 R04313- 022 - 001 -000 B -2 R04313- 022 - 003 -000 General Residential R04313- 022 - 002 -000 R04309- 003 - 001 -000 R04216- 019- 020 -000 R04212- 010- 001 -000 , Existing Land Use: Proposed Land Use: Church w/ child day care Personal Care Facility Current Zoning: R -15 & R -10 SURROUNDING AREA LAND USE ZONING North Institutional (Church) and Single - Family Residential R -15, R -10 S17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 10- 2 - 1 Page 1 of 8 Bpd 0 B -2 R-10 s' 7 , ^�- �cekNr 517 -01 R -155 f _ 0 kE0 - RYE _ = FjZr .liro0[ESEX U :� O SURROUNDING AREA LAND USE ZONING North Institutional (Church) and Single - Family Residential R -15, R -10 S17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 10- 2 - 1 Page 1 of 8 East Single - Family Residential R -10 South Single - Family Residential R -10 West Institutional (Church /School) R -15 ZONING HISTORY July 1, 1972 & Initially zoned R -10 (Area 9A) and R -15 (Area 8B) July 7, 1972 COMMUNITY SERVICES Water /Sewer Water and Sewer is available through CFPUA Fire Protection New Hanover County Fire Services, New Hanover County North Fire Archaeological District Schools Eaton Elementary, College Park Elementary, Trask Middle, and Laney High schools Recreation Kings Grant Park and Smith Creek Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources. Archaeological No known archaeological resources. S17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 10- 2 - 2 Page 2 of 8 PROPOSED SITE PLAN The application proposes to utilize three existing buildings with one building expansion, as well as develop new parking areas and internal circulation: Conceptual Site Plan TRANSPORTATION • Access will be provided via an improved driveway to Kings Grant Road, a state - maintained road, on the north side of the project. • The NHC /City of Wilmington Greenway Plan proposes that greenways be installed along both sides of this portion of N. College Road. A bus stop for route 104 is located across N. College Road at the intersection of southbound N. College Road and Kings Drive. Traffic Count - 2015 Road Location Volume Capacity V/C I + 1 E } Z° ' N. College Road 0.15 Mile North of Site 27,643 36,400 0.75 n ``t t r Ind 1 r - JJ11 1 -� J \ m. i `o y,.sorn'o..� Permit Plan F1derhau5 Day FaGilr�y Conceptual Site Plan TRANSPORTATION • Access will be provided via an improved driveway to Kings Grant Road, a state - maintained road, on the north side of the project. • The NHC /City of Wilmington Greenway Plan proposes that greenways be installed along both sides of this portion of N. College Road. A bus stop for route 104 is located across N. College Road at the intersection of southbound N. College Road and Kings Drive. Traffic Count - 2015 Road Location Volume Capacity V/C LOS N. College Road 0.15 Mile North of Site 27,643 36,400 0.75 D S17 -01 Staff Summary Page 3 of 8 Board of Commissioners - April 3, 2017 ITEM: 10- 2 - 3 Trip Generation LAND USE INTENSITY AM PEAK PM PEAK Medical Office (720) 16,650 square feet 64 82 Recreational Center (495) 16,650 square feet • Traffic Impact Analysis are required to be completed for proposals that will generate more than 100 peak hour trips in either the AM or PM peak hours. ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas. • Stormwater management will be reviewed by the New Hanover County Engineering Department and by the NC Department of Environmental Quality. The development will include a new stormwater pond on the site. • The property does not host any wetlands. • The subject property is within the Smith Creek (C;Sw) watershed. • Soils on site include Seagate Fine Sand and Baymeade Fine Sand according to the Soil Survey for New Hanover County. 2016 COMPREHENSIVE LAND USE PLAN I The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. Specific goals of the comprehensive plan are designated to be promoted in each place type, and other goals may be relevant for particular properties. Future Land Use Map Place Type General Residential Focuses on lower- density housing and associated civic and commercial services. Housing for the area is typically single - family or duplexes. Place Type Commercial uses should be limited to strategically located office and retail Description spaces, while recreation and school facilities are encouraged throughout. Recommended types of uses include single - family residential, low- density multi - family residential, light commercial, civic, and recreational. Consistency A personal services use is consistent with the place type description, Analysis providing community services in an existing non - residential site located along a major highway. S17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 10- 2 - 4 Page 4 of 8 Relevant Goals of the Comprehensive Plan Goal III: Promote fiscally Desired Outcome: Growth patterns that achieve efficient responsible growth provisions of services and equitable distribution of costs between the public and private sectors Consistency Analysis: One strategy to achieve this goal is to encourage development where existing infrastructure is available. The proposed use expands upon an existing development in an area with existing infrastructure. Goal V: Revitalize commercial Desired Outcome: Strong existing neighborhoods and corridors and blighted areas corridors where the highest and best uses are promoted in an through infill and effort to increase economic revitalization redevelopment Consistency Analysis: The proposed development re -uses and redevelops an existing non- residential property in an appropriate area, immediately adjacent to a major highway. Goal VIII: Integrate multi- Desired Outcome: A community with a mixture of land uses modal transportation into that allows for individuals to perform daily tasks without the mixed land uses that use of an automobile. A community where individuals can encourage safe, walkable safely walk, bike, and access transit. communities Consistency Analysis: One of the guidelines outlined for this goal includes providing alternatives to automobile transportation by providing a network of bicycle and pedestrian facilities. A pedestrian and bicycle linkage to the adjacent residential neighborhood is proposed, and provisions for the recommended greenway along N. College Rd. are included in the proposed site design. S17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 10- 2 - 5 Page 5 of 8 Goal IX: Promote Desired Outcome: Development that accommodates environmentally responsible population growth while minimizing negative impacts on growth natural resources. Consistency Analysis: The comprehensive plan recommends encouraging infill and development as one method of strengthening and directing development toward existing communities. The proposed use is a re -use and redevelopment of an existing non - residential property and could provide services to the community. Goal VI: Increase public safety Desired Outcome: New development patterns that focus on by reducing crime through the increased public safety. built environment Consistency Analysis: The comprehensive plan recommends encouraging design strategies to reduce crime and encouraging a walkable community to create more human interaction between neighbors. The proposed site design limits access to the property to the one entrance /exit along Kings Grant Rd., removing an existing informal drive from W. Rye Lane that could otherwise provide access to the rear of the facility. Limitation of access is one method of reducing crime through design features, but this element can further limit integration with the existing community via pedestrian and bicycle infrastructure as recommended in this and other plan goals. An access point across from the covered drop -off area could provide pedestrian access in a high - visibility location. Goal XVIII: Increase physical Desired Outcome: A built environment that encourages active activity and promote healthy lifestyles and increased health through walking and biking. active lifestyles Consistency Analysis: The proposed site design includes elements linking the property to the adjacent residential area and provisions for the recommended greenway along N. College Rd. Staff Analysis of Comprehensive Plan Consistency The application is consistent with the goals of the 2016 Comprehensive Plan, as it re -uses and expands an existing non - residential site along a major highway with a use that can provide community services. The proposed site design also includes features supporting the recommended bicycle and pedestrian infrastructure recommended in the plan, including a 20' wide pedestrian and non - vehicular access easement for a future multi -use path as recommended in Wilmington /New Hanover County Comprehensive Greenway Plan, and also a pedestrian access point to the property that provides multimodal integration into the surrounding community. PLANNING BOARD ACTION The Planning Board considered this application at their March 2, 2017 meeting. No one from the public spoke in favor of, or in opposition to, the application. The Planning Board held discussion about the need for an additional driveway to serve the site which was agreed to by the petitioner as well as additional vegetation along Kings Grant Road. The Planning Board voted 6 -0 to recommend approval of the request, citing the preliminary findings of fact provided by staff, with S17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 10- 2 - 6 Page 6 of 8 one condition: to allow for an additional driveway on Kings Grant Road, with the appropriate distance away from West Rye Lane. After the Planning Board meeting, the petitioner submitted a revised site plan with an additional driveway to Kings Grant Road, sufficing the Planning Board's condition. The revised site plan also included additional landscaping along Kings Grant Road. 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 Board of Commissioners meeting. Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The site has been historically used for institutional purposes, including a church and child day care facility. B. The site is located adjacent to N. College Road, a major thoroughfare. C. Access to the site will be from an existing driveway that will be improved in coordination with NC DOT during the driveway permit process. D. The site is not within any Special Flood Hazard Area or CAMA Area of Environmental Concern. E. Improvements to the site will include stormwater management, increased parking supply, bicycle and pedestrian improvements, and improved internal vehicular circulation within the site. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is zoned R -10, Residential District, and R -1 5, Residential District B. Personal Care Facilities are allowed by Special Use Permit in the R -10 and R -15 zoning districts. C. The site shall comply with the landscaping and buffering requirements of Section 62 of the Zoning Ordinance. D. A site plan has been included as part of the Special Use Permit application and demonstrates that the building setback requirements Section 72 -9 will be met. E. The site is served by public water and sanitary sewer. F. Total impervious surface coverage is proposed at 33.9% of the site acreage. 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. S17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 10- 2 - 7 Page 7 of 8 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 property has historically been used for institutional uses, including churches and a child day care center. B. The site is nonconforming in regards to landscaping and buffering, and will be required to be brought into current standards for landscaping and buffering with the current proposal, thereby enhancing overall aesthetics of the site and vicinity. C. Institutional uses are located adjacent and nearby to residential uses elsewhere in the county. 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 Land Use Plan classifies the subject property as General Residential. B. Institutional uses are consistent within the General Residential place type C. The proposal would be providing community services in an existing non - residential site located along a major highway. D. The proposal includes a 20' wide pedestrian and non - vehicular access easement for a future multi -use path, consistent with the Wilmington /New Hanover County 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. S17 -01 Staff Summary Board of Commissioners - April 3, 2017 ITEM: 10- 2 - 8 Page 8 of 8 _ ba _NO SN3^315= 3 � Q Q � 4 � � v Q 2Jb��•y �Q ��y 0 o L aN a O = N O m d a �� . i � GNAVRH 0a .H H d d G'^ a a = N i 4£ m N a u m O a M1 : /% 3/ � •N s Q � ♦ ,o�� I � 1I - Jl� V3ht\ 9 � I P M O• R � • NM v^1 �/d �_ NM� O 2 _�• M� �^ _�• �M I MM � � 1 /• G� 1 ppW � � M Z Z Z �. • Z _ � • � O M � � �• M v �V I � -O � .N �� • _� I� AV �N � G • • / •I � _ � • • � � v V .G• • • O P Z � R o N ^ v • • •cO• h • • ^M � • • v ''V : �o OIv MD •1 • �� v ` H -00 O ^ mQ � T x O N ✓ vp a L 1V I _ 1 OJ •i 1VN� I�� Q G�J J N C Y CI � Q Q I LLOIj o, 0 014 It W Ln 0 W Q :)-NVSNnv D U. -0 (D o v ba -A3NCI S CN N O -N •M -M -O • O• ^- 01 � • • •I • ONINIns • • �O• � O • 0. O O 174 C114 �� M M — M N• CO - •^ M O • o. Ole M • _ • W NI i00 q ccNO CN 0 o- - 1N'� 0 c VOO.SONI `n N 0 co 0 V CC) o W M •0 X N N 00 00 N•4b.3030J N'da•303 N N -_ V-o LO N v 421:HNya• 0 I 4D ?1dS Y W > ce W ce O 0 LU Im 4) 0 o M V Z Y CL ai 0 U Ln O Im Z .0 01 0 Q / :— 1 ,, Board of Commissioners -April 3, 2017 ITEM: 10- 3 - 1 z d v N D LL � d L O V O � a � c m a. O m 3 — da•'1Nb!21J'SJNI1I a D � _ L _ O 1 i •� N O s O r_ O V W N O 3 W s �n OJ b��ONVH � W I M3N Ods. m - Wed. N d � y m V - -- 421.3J3110J m cc a 'v G9 Q N y V � i O G1 � m Q 0= O O O M V N Z '-L Z)-'� N 6A t ON VIV 1J=bd 10, "JV _(l .A4N(l1 O�NMO� - 3 — da•'1Nb!21J'SJNI1I o � - - a i� •� N_ O GAROI /N >= _ W N O 3 Z s �n OJ b��ONVH � W I M3N Ods. '-L Z)-'� N 6A t ON VIV 1J=bd 10, "JV _(l .A4N(l1 O�NMO� - 3 — da•'1Nb!21J'SJNI1I - - i� t/f >= _ W V s �• If� _ I N - Wed. N.- m V - -- 421.3J3110J - 17=7 N O N NO Q V �n cL c� Cie Cie Q .. 4- 11 ❑ C n •� ' 1 V O Q 's. O c N V) O OLr) O D N s N } , ix O a CL w D! O L Q .p C C LO V V o 0 N o 0 a 0 00 V) N C NN Q Q m m V E '-L Z)-'� N 6A t ON VIV 1J=bd 10, "JV _(l .A4N(l1 O�NMO� - 3 — da•'1Nb!21J'SJNI1I - - i� t/f >= _ W LU V s �• If� _ I - Wed. N.- - -- 421.3J3110J - 17=7 a21!H:)Nya8�0� 7---I mr Board of Commissioners - April 3, 2017 ITEM: 10- 4 -1 I s �• If� _ I Board of Commissioners - April 3, 2017 ITEM: 10- 4 -1 I Board of Commissioners - April 3, 2017 ITEM: 10- 5 - 1 APPLICANT MATERIALS Board of Commissioners - April 3, 2017 ITEM: 10- 6 - 1 Print For NEW HANOVER COUNTY 230 Government Center Drive Suite 110 PLANNING & INSPECTIONS Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax Application for www.nhcgov.com SPECIAL USE PERMIT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Cindee Wolf Church of God of Prophecy 1380 N College Rd Company Owner Name 2 Parcel ID(s) Design Solutions Ref Attached List Address Address Area PO Box 7221 4476 William Louis Drive 6.87 acres+/ - City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Wilmington, NC 28405 R -10 & R -15 / Church Phone Phone Proposed Use 910 - 620 -2374 910 - 799 -1244 / Lawrence Brewer Personal (Day) Care Facility Email Email Land Classification cwolf @lobodemar.biz General Residential Application Case Number Date /Time received: Received by: APPLICATION OVERVIEW In order to assist petitioners through the process for obtaining a Special Use Permit, 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 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 Special Use Permits: • Section 70: Objectives and Purposes of Special Use Permits • Section 71: General Requirements of Special Use Permits • Section 72: Additional Restrictions Imposed on Certain Special Uses • Section 111: Petitions Applications for Special Use Permits (with the exception of single family dwellings on individual lots) must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Board of ComrgVgp4 April 3, 2017 ITEI(A 10- 7 - 1 04/14 APPLICATION REQUIREMENTS In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. Applications for single - family dwellings, including mobile homes, on individual lots do not require Planning Board review and must be submitted to Planning Staff twenty (20) working days before the Commissioners meeting. 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 r-nni Traffic Impact Worksheet nni Traffic Impact Analysis if applicable)Hilo Site Plan (8 -24x36 copies for Planning Board; 8 -24x36 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and/or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change Ref. Article VII, as applicable) Authority for Appointment of Agent Form if applicable) r �nr Fee - $500; $250 if application pertains to a residential use (i.e. mobile home, duplex family child care home) Board of Comrpi o�Wf34 April 3, 2017 ITE : 10- 7 - 2 04/14 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (As Outlined in Section 71 of the New Hanover County Zoning Ordinance) The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements (please use additional pages if necessary). The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. Planning Staff, the Planning Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed Special Use Permit meets the following requirements: 1. The Board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." he site is located just off of North College Road, a major thoroughfare. Direct access will be at an existing driveway onto Kings irant Road, a public right -of -way. Widening of the driveway for full turning movements will be coordinated with NCDOT. The 'act is already serviced with public water and sanitary sewer. Fire service is by NHCo Murrayville Station #17. Detailed design nd permitting would be required prior to the onset of improvements construction. The existing church had no stormwater ianagement. The upgraded facility will have means for water quality enhancement and detention of surface runoff. 2. The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. ie proposed use as a daytime senior medical care and recreation facility is permitted by Special Use in the residential districts. site plan showing both the existing conditions and proposed improvements has been prepared in accordance to Ordinance quirements and technical standards. There are no other specific conditions. 3. The Board must find "that the use will not substantially injure the value of adjoining or abutting property or inat ine use is a t)uniic necessi he subject tract has been a church for many years, and included a child daycare facility within the last couple. There has been o evidence of an adverse effect on the land values of surrounding properties. The proposed facility will be bringing site ndscaping into compliance with current regulations and generally enhancing the overall aesthetics. 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 contormity with the plan of development for New Hanover County." e tract is located in the General Residential land classification, which is intended to support lower- density housing and ;ociated civic and commercial services. Access to services such as the senior care facility proposed need to be located nveniently to the residents that will use them. Its driveway access to Kings Grant Drive from N College Road does not croach into the residential neighborhoods further along Kings Grant Drive. Board of ComT !p( r]p4 April 3, 2017 ITT P10- 7 - 3 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. In granting a Special Use Permit, conditions may be designated to assure that the use in its proposed location is harmonious with the spirit of the Zoning Ordinance, CAMA Land Use Plan and any other adopted plans that are applicable. All conditions become part of the special use permit and run with the land. A Special Use Permit shall become null and void if construction or occupancy of the proposed use as specified and approved is not commenced within 24 months of the date of issuance. By my signature below, I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. Q�o 6- , � �Q �j at 34 19 Signature of Petitioner Design Solutions 1 Cindee Wolf Print Name Page 4 of 4 Board of Commissioners - April 3, 2017 04114 ITEM: 10- 7 - 4 NEW HANOVER COUNTY PLANNING & INSPECTIONS AUTHORITY FOR APPOINTMENT OF AGENT Frint Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -716 phone 910- 798 -7053 fax xNww.nhcgov.com Please note that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf Church of God of Prophecy 1380 N College Dr Company Owner Name 2 City, ,State, Zip Design Solutions Wilmigton, NC Address Address Parcel ID P.O. Box 7221 4476 William Louis Drive Ref Attached List City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28405 Phone Phone 910 -620 -2374 910 -799 -1244 Email Email cwolf @lobodemar.biz Case Numher Reference: Date/Time received: Received hv: This document was willfully executed on the 24th Owner 1 Signature- day of January , 20 17 Owner 2 Signature Board of Commissioners - April 3, 2017 04114 ITEM: 10- 7 - 5 2,. � •� try -_" . - �� � O � ' *. , rr f, r r v g a sr- ��`�t �•irsr- - � -.. -a - 4 4� .t +'xBod misisioners - Aprri >�2'017 "4 a, ITEM: 10- 7 - 6 Special Use Permit Narrative For Elderhaus Day Facility at Kings Grant Elderhaus is an organization that provides total senior care for those 55 years of age and older. It supports independent living while at the same time promoting community and quality of life by providing medical care, adult day care, on -going rehabilitative therapies, in -home care services, transportation and counseling. The subject site was previously used as a church and child daycare. The existing buildings fronting South College Road will be retained and renovated into administration offices, meeting rooms, and supply storage. The existing building on the western side of the property will be expanded by approximately 5000 s.f. and a covered drop -off area provided. The existing parking area will be improved and additional staff and client parking will be added around the site. Landscaping for buffers, streetyards and interior aesthetics will be upgraded to current standards. The facility is open from 7:30 a.m. to 5:30 p.m., Monday through Friday only. There are no operations on weekends or holidays. Nor is there any residential living component to the use. It is strictly a day care facility for seniors only. There are around 70 regular employees and up to 112 participants on a daily basis. Many of those are transported via the eleven (11) facility buses that provide home pick -up and drop -off service. The program is called PACE — Program of All- Inclusive Care for the Elderly. Additional information is attached. This permit will allow a much needed community service. Board of Commissioners - April 3, 2017 ITEM: 10- 7 - 7 (D Vi E U L U O mm W o L U) .o o a U L O L L O (D L U N C p _c a ° -0 N cn E +, 0 CN W N i p N O + O a) O7 � L p N �P1 � U O L Z- (6 (n C 7 N a) -0 W + W - C� O o m ° W n L ro U 0 r c'? w 41 C14 W a) -0 — of + CN aU . c 'u E o E o U E '> a m U p L ° Q) Q cn W o= Q m L Q cn o u E N i Z M 4-1 Ln > c ro U a I L 6 m o> m c o -C c �� o ' LL N-C � N 7 a) , � Q- 4 L N CO t Ic yF— p— O O O Q 5 n p p L , -C J N a, c.i p U p � M '� C) 0- Z- off + Ri a� E (n c ° a W RK p u U U p o p '+ N �.� = U W m p u O cn Q) , L Q O O O O O a) c o Q O J Q C LO 6 >, p O >' -0 O m N4 N t L ui 0- E L `° i N CO U O �a L N O c Ld >' >' L U O-D w Z N -0 U n3 = N s Q) Q W co c M Q) � o V J o L E N U N n3 cn p _ �o N �.E'+ HO z o o a E O o 0 0° M _ E W W, o a c 0- a -0 cn n '' J~ W o Jo f ,(6 a 2 L u W C L�- .� r Q p u p a) 0 O U C (6 Q C ti J O. W N (n W LL > "U U .0 ro ° a° }. M _ cn o U O _o p o a) E o n E c ' W= E r�o Q d dCf) cn co m 2 W c c-0 a t W U U U at U p 0- p t o o. N �. U) °o p E- c z o o 3 i- U t O n > � Q�zo U o� o �, m� °�� N O� U -p L L � >- a) (n a.) — M W J " a) (D M 7 0 Q p� � LL Q � cl) D (D --.� � .� O J a' ° >> n L O E . E— — o O a, o N o� V U W y U' N Q a) -p p L 0 W � U C� L ( ° Z J v- i l6 (n W l6 (6 L C i U +�+ a) L O N �_ •N CV W a o° W >, '° Q c E° CO v N— 'o ° �o a J ^ J o U-0 � O `� d IX (D L E ro m W Q NN f6'" c �=N J W W W .� i N N a E v U m + �LO t E Q U ° 6 O E o-L, Qz 2 �M �� c�M c co LL H Q O O o (D .� ° o W o U j N Q — U} Oo _� can o •� OO ix a. ti U t ui Q N— ° N C c J N-C Z N � 2 Q(a m C) ° Cnm LL W n (� a) _ -_O L U a) ° .,.� N n3 C O O L w =% ° cn ca QW p� +' U W N Q O EO W W - M N O C N N L J cn (Q Q Q n LLJ = o 'c °� a� W o v W= O o N Ln Vr W a) O C t L-0 p� N W j a) C > a co cn co U Q c a) ° c W 'n (n m aa)i E c� m w W •N W F -o (0 U � Zrj oCC&mmis qn ° - Apr 3 X011 w O = > w •> ° z •� la 3 �� � cQ p o a� L_ p U � mo LU I— W p p� c Q Q° ITEf10;7 -.8 , Q CENTERS FOR MEDICARE & MEDICAID SERVICES Quick Facts about Programs of All - Inclusive Care for the Elderly (PACE) What are Programs of All-inclusive Care for the Elderly (PACE)? PACE is a Medicare program and Medicaid state option that provides community - based care and services to people age 55 or older who otherwise would need a nursing home level of care. PACE was created as a way to provide you, your family, caregivers, and professional health care providers flexibility to meet your health care needs and to help you continue living in the community. A team of health care professionals will give you the coordinated care you need. These professionals are also experts in working with older people. They will work together with you and your family (if appropriate) to develop your most effective plan of care. PACE provides all the care and services covered by Medicare and Medicaid, as authorized by the health care team. They also cover additional medically- necessary care and services not covered by Medicare and Medicaid that the team may decide you need. PACE provides coverage for prescription drugs, doctor care, transportation, home care, checkups, hospital visits, and nursing home stays when necessary. Who can join PACE? You can join PACE if you meet the following conditions: • You're 55 years old or older. • You live in the service area of a PACE organization. • You're certified by the state in which you live as needing a nursing home level of care. • You would be able to live safely in the community if you get PACE services. Note: You can leave a PACE program at any time. Board of Commissioners - April 3, 2017 ITEM: 10- 7 - 9 PACE services include (but aren't limited to) the following: • Adult Day Care Primary Care (including doctor and • Recreational Therapy nursing services) • Meals • Dentistry • Nutritional Counseling • Social Services • Laboratory /X -ray Services • Social Work Counseling • Transportation • Hospital Care • Medical Specialty Services • Prescription Drugs • Nursing Home Care • Emergency Services • Home Care • Physical Therapy • Occupational Therapy PACE also includes all other services that are available in your area and determined necessary by your team of health care professionals to improve and maintain your overall health. What do I need to know about PACE? PACE Provides Comprehensive Care PACE uses Medicare and Medicaid funds to cover all of your medically- necessary care and services. You can have either Medicare or Medicaid, or both, to join PACE. You can also pay for PACE privately, if you do not have Medicare or Medicaid. The Focus is on You You have a team of health care professionals to help you make health care decisions. Your team is experienced in caring for people like you. Usually they care for a small number of people. That way, they get to know you, what your living situation is, and your preferences. You and your family participate as the team develops and updates your plan of care and your goals in the program. When you enroll in PACE, you may be required to use a PACE preferred physician. These physicians are best suited to help you make health care decisions. PACE Covers Prescription Drugs PACE organizations offer Medicare prescription drug coverage (Part D). If you join a PACE program, you'll get your Part D- covered drugs and all other necessary medication from the PACE program. Note: If you're in a PACE program, you don't need to join a separate Medicare drug plan. If you do, you will be disenrolled from your PACE health and prescription drug benefits. Board of Commissioners -April 3, 2017 ITEM: 10- 7 - 10 What do I need to know about PACE? (continued) PACE Supports Family Caregivers PACE organizations support your family members and other caregivers with caregiving training, support groups, and respite care to help families keep their loved ones in the community. PACE Provides Services in the Community PACE organizations provide care and services in the home, the community, and the PACE center. They have contracts with many specialists and other providers in the community to make sure that you get the care you need. Many PACE participants get most of their care from staff employed by the PACE organization in the PACE center. PACE centers meet state and federal safety requirements and include adult day programs, primary care from physicians and nurses, activities, and occupational and physical therapy facilities. Preventive Care is Covered and Encouraged Every PACE organization is focused on helping you live in the community for as long as possible. To meet this goal, PACE organizations focus on preventive care. PACE Provides Medical Transportation PACE organizations provide all medically- necessary transportation to the PACE center for activities or medical appointments. You may also be able to get transportation to some medical appointments in the community. What You Pay for PACE Depends on Your Financial Situation If you have Medicaid, you will not have to pay a monthly premium for the long -term care portion of the PACE benefit. If you don't qualify for Medicaid but you have Medicare, you will be charged a monthly premium to cover the long- term care portion of the PACE benefit and a premium for Medicare Part D drugs. However, in PACE there is never a deductible or copayment for any drug, service, or care approved by the PACE team. Board of Commissioners - April 3, 2017 ITEM: 10- 7 - 11 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 1NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME Elderhaus Day Facility PROJECT ADDRESS 1380 N College Road DEVELOPER/OWNER Eiderhaus, Inc. EXISTING ZONING R -10 & R -15 I t� 4 •_\ s 32,900 s.f. +/- NEAREST INTERSECTION Kings Grant Drive BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) sq. ft. ITE MANUAL TRAFFIC GENERATION ESTIMATE: "ITE Manual available at Planning Department USE AND VARIABLES: 16, 650 sf Med Office (720) /16.250 sf Rec ( LI-q S (Example: Racquet Club; S courts; Saturday peaks) AM PEAK HOUR TRIPS 64 PM PEAK DOUR TRIPS 82 (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) Cindee Wolf from ITE Manual Person Providing Estimate Cindee Wolf Signature Peak Hour estimate confirmed by Planning & Zoning on LI-YA (Date) Board of Commissioners - April 3, 2017 ITEM: 10- 7 - 12 From: Amy Kimes Sent: Friday, January 27, 2017 3:28 PM To: Mike Kozlosky < Mike.Kozlosky @wilmingtonnc.gov> Subject: RE: Elderhaus PACE Program Information Mike, The trip generation (based on my understanding) does not exceed the 100 peak hour requirement or the 3,000 ADT NCDOT requirement. A TIA will not be needed. This is based on the limited information in the email trail below. If the use is greater than shown below or distributed in a different method the results will change. The trips were based on 15,000 square foot of medical office and 15,000 square foot of recreational center. If this is not the correct distribution of square footage or is not the correct total square footage please provide updated numbers so that I can verify the trip gen for the correct use /size of the development. I also did not reduce for the current use as I do not have a breakdown for that. Thanks, Amy Kimes, PE Construction Project Manager Wilmington Metropolitan Planning Organization (WMPO) City of Wilmington 305 Chestnut Street, 3rd Floor Wilmington, NC 28401 910 - 473 -5130 Board of Commissioners - April 3, 2017 ITEM: 10- 7 - 13 PROPOSED SITE PLAN Board of Commissioners - April 3, 2017 ITEM: 10- 8 - 1 � N O OJ Z O N O N c � O W c O (S) � cz o II +I n b J t6 � w 6 Q N cn N O o 5 2 LL 2 N O O v s .. 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