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Agenda 2017 09-05AGENDA i 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 SEPTEMBER 5, 2017 4:00 PM MEETING CALLED TO ORDER (Chairman Woody White) INVOCATION (Rabbi Paul Sidlofsky, Temple of Israel) PLEDGE OF ALLEGIANCE (Vice- Chairman Skip Watkins) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Offer to Purchase Property Pursuant to G.S.160A -279 3. Approval of Naming, Sponsorship and Underwriting Policy ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS MINUTES 5 4. Consideration and Presentation of Ovarian Cancer Awareness Month Proclamation 5 5. Consideration and Presentation of WHQR Day Proclamation 5 6. Consideration of Constitution Week Proclamation for the Daughters of American Revolution, Stamp Defiance Chapter 15 7. Consideration of Outside Agency Funding Policy 40 8. Public Hearing Rezoning Request (Z17 -08) — Request by Lee Law Firm, PLLC, on Behalf of the Property Owner, The Lewis Family Tract, LLC, in Order to Rezone 85.19 Acres Located at the 4700 Block of Gordon Road from O &I, Office and Institutional District, and B -2, Highway Business District, to (CUD) R -15, Conditional Use Residential District, and for a Special Use Permit in Order to Develop a High Density Development. PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 9. Additional Items County Manager County Commissioners Clerk to the Board Board of Commissioners - September 5, 2017 County Attorney 10. 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 - September 5, 2017 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 5, 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 August 17, 2017 Regular Meeting held on August 21, 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) Approved 5 -0. Board of Commissioners - September 5, 2017 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 5, 2017 CONSENT DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Allison Snell, Tax Administrator CONTACT(S): Kemp Burpeau and Allison Snell SUBJECT: Approval of Offer to Purchase Property Pursuant to G.S.160A -279 BRIEF SUMMARY: New Hanover County acquired the property located at 912 South 7th Street in August 2017 through tax foreclosure. The acreage is .125 and the tax value is $34,700. The total back taxes owed is $5,423. The City has nuisance abatement liens on the property that will be extinguished with the sale. The County has made three attempts to sell the property with no offers. Cape Fear Habitat for Humanity has offered to purchase the property for $7,500. The Tax Administrator deems this offer to be fair and reasonable. In that the proposed buyer is a non -profit carrying out a public purpose, the County can sell the property to Habitat without upset bid. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve sale of the property to Habitat and authorize execution of a deed by the Deputy County Manager. ATTACHMENTS: Property Map COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 5, 2017 ITEM: 2 11 J, JjAkj�k. . -T +kj S�- ids N'l Page I of I JRj Board of Commissioners - September 5, 2017 http://etax.nhegov.com/PT/maps/Strean-LAGSJ`�T#Mp?ffiAge� aspx?ld=agjsmi—kceyzhesIpcef.. 8/29/2017 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 5, 2017 CONSENT DEPARTMENT: Strategy & Budget PRESENTER(S): Elizabeth M. Schrader, Chief Strategy and Budget Officer CONTACT(S): Elizabeth M. Schrader SUBJECT: Approval of Naming, Sponsorship and Underwriting Policy BRIEF SUMMARY: Recognizing that the County had a number of near -term Capital Improvement Projects (CIP) planned that had anticipated fundraising components and that the County did not have a formal policy or consistent process in place regarding naming and sponsorships, staff recommended that the Board consider adopting a formal written policy and process to be consistent with best practices in fundraising, ensure compliance with legal and tax requirements, and ensure that expectations are properly aligned and documented. In FY 2015, a Naming and Sponsorship Policy was developed with input from staff, fundraising professionals, and representatives from various affiliated County fundraising boards (Parks /Library/Museum). On April 30, 2015, the draft policy was reviewed at agenda review. The policy was then reviewed and discussed during the July 20, 2015 Board of County Commissioners' meeting. The Board identified several areas for further consideration, and voted to table the policy discussion to a later date. At the request of Commissioner Zapple, staff is reintroducing a revised draft version of the policy with several specific additions /changes to address the aforementioned areas for further consideration. Specifically: 1. Expansion of the policy to include underwriting; 2. Clarification that all naming rights must be approved by the BOCC; 3. In addition to the requests that are required to be reviewed and approved by the BOCC, adds the requirement that the BOCC be notified of all approved and denied naming, sponsorship and/or underwriting requests in a timely manner. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve policy. Board of Commissioners - September 5, 2017 ITEM: 3 ATTACHMENTS: NHC Naming_Sponsorship_Draft3 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 5, 2017 ITEM: 3 z New Hanover County Adopted: XX/XX/XXXX 3 n 'Y a Revised: N/A SUBJECT: COUNTY NAMING, SPONSORSHIP AND UNDERWRITING POLICY I. Purpose The purpose of this policy is to establish a consistent policy and guidelines for the naming or renaming of New Hanover County owned facilities and amenities (where applicable). This policy also sets the standards, guidelines and approval criteria for solicitation, consideration and acceptance of sponsorships and underwriting production of programs / media content. The policy is designed to ensure a fair process for soliciting and considering sponsorships, allow eligible potential sponsors to easily view and understand the sponsorship opportunities available, and provide a clear process for evaluation. Wherever possible, sponsorships will be linked to a particular County facility, amenity, service, program, production or event. The County will not seek or accept sponsorships from sponsors that might compromise the public trust or the public's perception of the County's ability to act in the public interest, or that the County deems might have a negative impact on its mission, image or values or aesthetic interest. Further, the County reserves its right to exercise full editorial control over the placement, content, appearance and wording of all sponsorship recognition and underwriting on -air credit messages. tlD�l116 dDDDtatatatataDH? •DDtitititititititi7u. This policy is not intended to create any forum for public expression, but instead pertains to revenue generation, donation, and administration of government property. IL Definitions Amenity — Means a smaller support structure or feature located within a larger park or other county facility such as, but not limited to, sports fields, conference rooms, playgrounds, skate parks, pools or splash pads, water fountains, outdoor learning areas, gardens, gazebos, pavilions, tennis courts, basketball courts, volleyball courts, stables, or trails. Facility — Include buildings, structures, open areas, land, bodies of water, and parks. Honor /Memorial Gift Donation — a type of Sponsorship Agreement in which a sponsor makes a one -time purchase of an asset (e.g. a bench, tree, picnic shelter etc.), which is considered a "zero term" agreement. The sponsorship recognition message remains in place for the duration of the useful life of the asset, which is determined by the County. Naming Rights — Refers to the opportunity to name a New Hanover County facility and / or County amenity. Sponsorship— financial or in -kind support from an outside entity (individuals, families, foundations, corporations, nonprofit organizations, service clubs, and other entities) to associate the outside entity's name, logo, products or services with a New Hanover County facility, Board of Commissioners - September 5, 2017 ITEM: 3 - 1 - 1 amenity, service, program or County event. Sponsorship is a business relationship in which New Hanover County and the outside entity exchange goods, service and / or financial payment for the public display of an agreed -upon sponsorship recognition message. Agreed -upon sponsorship messages must meet applicable zoning laws and requirements. Sponsorship / Underwriting Agreement — a written agreement, signed by the Sponsor / Underwriter and appropriate New Hanover County representative(s), which outlines all of the specific details of the sponsorship and the recognition message and display of said message. Underwriting — a type of sponsorship where financial or in -kind support from an outside entity is to finance, in whole or in part, the production of a NHCTV / New Hanover County program or series or original media content, and that the outside entity may not, and has not, exercised any inappropriate influence over the content of the program(s) ( "editorial control ") it has funded. III. Facility Naming Policy.' The naming of County facilities is a function of the New Hanover empty Board of Commissioners. The Board of Commissioners may name or rename facility at its discretion, consistent with contractual and other legal considerations...,. The naming or renaming of county facilities and amenities shall be done by the Board of County Commissioners by resolution adopted by a majority vote. When short-term naming rights for an amenity are requested as part of an offer for sponsorship, such requests should be consistent with the naming guidelines identified in this policy. Temporary "Working Title" In the case of a new project or major renovation, County staff may give a project a temporary generic name for identification purposes during the acquisition and / or development of the facility. Permanent Naming of a Facility A permanent facility name should be identified prior to completion of the first phase of construction. County staff and appropriate advisory boards will bring applicable Offers for Sponsorship, or make naming recommendations based on naming requests solicited from the staff and / or public, to the Board of County Commissioners for consideration. Facility Renaming While renaming of an existing facility will be extremely rare, there are times when renaming may be necessary or desired, such as when done in connection with an expansion or major renovation of the park or facility. Renaming may also be appropriate for facilities: a) named with a temporary "working title" name, b) named after subdivisions, c) named after individuals or entities, or d) is otherwise not in the best interests of the County. Before a renaming would be considered, a critical examination will be conducted to ensure that: A. Renaming will not diminish the original justification for the name or prior contributors / contributions; B. There is a valid justification for renaming the facility (e.g. if the name is likely to bring unwanted notoriety, ill fame, discredit or controversy to the County or community); 2 Board of Commissioners - September 5, 2017 ITEM: 3 - 1 - 2 C. Changing the name will not cause undue confusion within the community; and D. An appropriate level of community support exists for the change. Naming for Major Donations From time to time, a significant donation may be made to the County that will add considerable value to the County's park system, parks or other facilities. On such occasions, the Board of County Commissioners ( "Board ") may recognize the donor by recommending naming or renaming a park, county facility, or county amenity in honor of, or at the request of, the donor. Such requests should be consistent with the naming guidelines identified in this policy. Such recognition may be appropriate if the donor: • Deeds land for the park, facility, or amenity to the County; • Contributes the capital construction costs associated with developing the park, facility or amenity; or • Provides a minimum 20 -year endowment for the continued maintenance and programming of the park, facility or amenity. IV. Facility Naming Guidelines When considering proposals for naming or renaming a county facility, the following general principles should be taken into consideration either collectively or individually: • Will the name engender a strong positive image? • Will the name be appropriate considering the facility's / amenity's location and history? • Will the name have historical, cultural, or social significance for future generations? • Will the name commemorate places, people, or events that are of continuing importance to the area? • Will the name have symbolic value? • Will the name enhance the character and identity of the facility? • Will the name have broad public support? • Will the name result in the undue commercialization of the facility or amenity if it accompanies a corporate gift? • Does the proposed name duplicate, or is it closely related to or pronounced similarly to the name of any other existing facility such that it might cause confusion? The County will consider naming requests within the following categories: A. Geographic or Ecological A facility may be named for a specific geographic area or feature including, but not limited to, names descriptive of the location or significant natural features (including flora or fauna) in or near the facility. B. Historical Events, People, and Places The history of a major event, place, or person may play an important role in the naming or renaming of a facility or amenity. C. Outstanding Individuals Board of Commissioners - September 5, 2017 ITEM: 3 - 1 - 3 The County has benefited from the contributions made by many outstanding individuals. Facilities may be named after an individual who made significant contributions to New Hanover County through participation in community, state or national service. Eligible individuals should be honored posthumously, a minimum of 5 years after death. Eligible individuals' names and life accomplishments should be such that they would still have relevance into the distant future. D. Recognize A Major Donation In select instances, a county facility or amenity may be named after a business / individual / family / organization / corporation that makes a unique and extraordinary financial and / or land donation to the development of the facility or amenity being named. The merits and value of each naming shall be considered on a case -by -case basis. E. Identify the Amenity's or Facility's Purpose / Usage A name may be assigned to a county facility or amenity if it helps describe and identify the purpose of the facility or to indicate an assp-mion with a nearby public facility. V. Sponsorship Policy It is the policy of New Hanover County to actively seek to establish alternate revenue streams that will increase the County's ability to maintain and enhance our facilities and amenities, continue to deliver services and programs to the community, and /or provide enhanced levels of service or programs beyond General Fund or Parks Bonds funding levels. One of the alternate funding sources being pursued is sponsorship. The Board of County Commissioners has the final decision - making authority for determining the appropriateness of a sponsorship or underwriting request. Unless a sponsorship requires Board of County Commissioners approval, the County will act through the County Manager (or his / her designee). The County reserves the right to refuse any offer of sponsorship, and acceptance of a sponsorship or underwriting does not constitute an endorsement by the County of the Sponsor or its products or services. All offers of sponsorship will be reviewed in accordance with this policy. Unless otherwise agreed to contractually, only New Hanover County may enter into sponsorship agreements for County owned (or controlled and operated) facilities and amenities or County programs, media productions, services, and events. Individuals and groups renting or using County facilities or amenities (e.g. parks, ball fields, soccer fields, etc.), may display temporary sponsorship signage for the duration of their event or reserved time. However, individuals and groups renting or using County facilities or amenities may not permanently affix or display sponsorship messages or advertising on County assets, facilities or amenities. All temporary messages /signage must meet applicable zoning laws and requirements, and must be removed at the conclusion of the event or rental period. VI. Identification and Public Availability of Available Sponsorship Opportunities Each department director, in consultation with the County Manager (or his / her designee), shall be responsible for determining the facilities, amenities, programs, productions, services and events for which his or her department is responsible that are suitable for sponsorship. Public access to information about potential sponsorship opportunities is important to creating an open and fair process and to protect against disputes related to sponsorships that may be category or facility or amenity exclusive. Additionally, public access to this information will allow the county to more effectively and efficiently market sponsorship opportunities and allow potential M Board of Commissioners - September 5, 2017 ITEM: 3 - 1 - 4 sponsors and the County to negotiate efficiently. Therefore, each department will make information about potential sponsorship opportunities available through the county's website and other appropriate means. VII. Levels of Approval for Sponsorship Agreements and Naming Rights The County manager may adopt a standard process by which sponsorships are sought, considered, and approved. The County Manager may contract with an independent contractor to value the sponsorship opportunities, and / or contract for services related to solicitation and evaluation of sponsorships. Unless otherwise contracted out, each department director will be the point of contact for all sponsorship offers within their area. The department director will be responsible for ensuring that the offer is complete and properly executed, and for determining the approval process that must be followed based on the corresponding sponsorship level below. equred Approv7F escriptio 1 Board of County Offers of sponsorship that are for terms greater than five (5) years, or are Commissioners projected to generate $150,000 or more, or that involve permanent or temporary naming rights for a County facility or amenity, shall require Board of County Commissioner Approval. 2 County Manager Offers of sponsorship that are for terms up to five (5) years, and are projected to generate less than $150,000 may be approved by the County Manager. Approvals will be reported to the Board of County Commissioners in a timely manner. 3 Department Head 4 Department Staff All sponsorship agreements at this level must be approved by the County Manager. The County Manager has the option to refer any proposed offer of sponsorship or Sponsorship Agreement to the NHC Board of County Commissioners for approval. Offers of sponsorship that are for terms up to three (3) years, are projected to generate $90,000 or less and do not involve any naming rights may be approved by the department director responsible for the particular facility, amenity, program or service and the director may execute the Sponsorship Agreement. The director has the option to refer any proposed offer of sponsorship or Sponsorship Agreement to the County Manager. A department director may delegate authority to approve offers of sponsorship and to execute a Sponsorship agreement for sponsorships that are within the director's authority and are for terms of three (3) years or less and are projected to be $15,000 or less to an appropriate staff member. All such approvals shall be in consultation with the department director. VIII. Criteria for Review of Sponsorships Although the County recognizes and affirms that entering into a sponsorship agreement is not an endorsement of that sponsor or its services or products, sponsorships do imply some degree of affiliation between New Hanover County and the sponsor. Therefore, no potential sponsor or offer of sponsorship will be approved that might compromise the public trust or the public's perception of the County's ability to act in the public interest, or that might have a negative impact in the county's mission, image, or values. 5 Board of Commissioners - September 5, 2017 ITEM: 3 - 1 - 5 In addition to the items noted below, offers for underwriting must also, at the county's sole discretion, ensure that: a) the fonder does not exercise (or could not be perceived to exercise) editorial control of the program, production, media content and b) that the public would not conclude the program production is principally being produced to promote the underwriter's products, services or other business interests (is free of commercial and commercial -like matter). Further, the County reserves its right to exercise full editorial control over the placement, content, appearance and wording of all sponsorship recognition messages and underwriting on -air credits. The County may make distinctions on the appropriateness of sponsors on the basis of the sponsorship recognition message. Every sponsorship offer shall be evaluated by taking into consideration the characteristics of the average / typical attendee of each facility, amenity, program, service or event proposed for sponsorship and the mission, image and values of the County. Additionally, the following criteria shall also be considered in evaluating every offer: A. Extent and prominence of the sponsorship recognition message, if applicable. B. The aesthetic characteristiq�,qfthe sponsorship recognition message, if applicable. C. The importance of the sponsorship to the mission, values and image of New Hanover County. D. The level of support proposed to be provided by the sponsor. E. The level and degree of cooperation and support required from the County to implement the sponsorship. F. The value of the resources provided to the County in fulfilling its mission. G. Other Factors that might affect or otherwise undermine the public trust or public confidence in the County's impartiality or interfere with effective or efficient operations or delivery of services. Sponsorships deemed unsuitable for the specific audience or contrary to the community's standards of appropriateness for the facility, amenity, program, service or event will not be approved. The County will not consider Sponsorships proposals or naming rights proposals (if applicable) that include: A. Alcoholic beverages and establishments that are licensed to sell, and primarily do sell, alcoholic beverages, including bars; provided, however, food service establishments or places of lodging may be sponsors only when the sale of alcohol is incidental to providing food service or lodging. i. Limited sponsorships (e.g. for a single event or series of events) that include alcohol pouring rights may be considered for events or facilities at which alcoholic beverages are sold or provided as part of the event. B. Promote practices that would violate US, state or local laws 6 Board of Commissioners - September 5, 2017 ITEM: 3 - 1 - 6 C. Depict in any form, or promote: drugs, tobacco or smokeless tobacco products or their use; gambling; or adult entertainment or sexually oriented products, activities, or materials. D. Discriminate on the basis of race, ethnicity, color, national origin, sex, disability status, medical condition or status, sexual orientation, marital or family status, veteran status or age; or contain profanity, obscenity, or hate speech. E. Include religious references or political statements, policy issues, candidates or campaigns. F. Endorse products or services that do not comply with County policies and procedures, County, state, federal ordinances, regulations, codes or statutes. G. Endorse products or services that conflict with the County's mission or Board of County Commissioners approved objectives or goals, or contain any message that might adversely impact the mission, image, values or goals of New Hanover County. IX. Sponsorship Agreement Upon approval of an offer for sponsorship, the sponsor and County will enter into a written Sponsorship Agreement. A standard process will set forth the standard forms, checklists and other items related to sponsorships, to include the agreed -upon sponsorship recognition message and display characteristics (materials, design, sizing, placement, etc.) or on -air underwriting credit message. The County will not make any statements directly or indirectly advocating for or endorsing a sponsor, their products or service. No materials or communications, including, but not limited to print, video, internet, tweet, broadcast, photograph or display items developed to promote or communicate the sponsorship using the County's name, department or facility names, marks or logos may be issued without prior written approval from the County manager or his / her designee. X. Additional Guidelines for On -Air Underwriting Credit Consistent with Federal Communication Commission (FCC requirements), all underwriter's must be identified in video by their name and / or logo. If a logo by itself does not adequately disclose the identity of a funder, then the funder's name must be stated in audio or video. An underwriter may not be anonymous. Besides identifying the funder clearly, by name and / or logo, an on -air underwriting credit may contain additional information in audio, video or both to help identify a funder. Any language that in the County's sole judgement is gratuitously or blatantly promotional is not acceptable. In addition, information that would appear to be self - congratulatory or that could be construed as an advocacy positions on a particular issue or subject will not be acceptable. FCC Policy Statements, rulings, advisory opinions and letters applying to its rules and policies to specific underwriting announcements have cautioned against certain types of language, phrases, and visuals, which it deems promotional. These uses will also not be acceptable. XI. Other A level 3 or Level 4 Sponsorship that is denied by a department director, or their designee, may be appealed to the County manager. The County Manager's decision shall be final. 7 Board of Commissioners - September 5, 2017 ITEM: 3 - 1 - 7 On a timely basis, a list of approved and disallowed offers for sponsorship will be provided to the Board of County Commissioners by the responsible Department Head and / or County Manager. 8 Board of Commissioners - September 5, 2017 ITEM: 3 - 1 - 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 5, 2017 REGULAR DEPARTMENT: County Manager PRESENTER(S): Chainnan White CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration and Presentation of Ovarian Cancer Awareness Month Proclamation BRIEF SUMMARY: September is Ovarian Cancer Awareness Month. She ROCKS is a local non - profit organization that exists to bring awareness and attention to ovarian cancer through funding groundbreaking research, and by helping women who are undergoing treatment for cancer. The organization is solely committed to these pursuits and it gives every penny that it takes in toward these goals. The 4th Annual fundraising luncheon will be held on September 12, 2017, featuring seven -time Olympic Medalist Shannon Miller as speaker. The proclamation will be presented to Beth Quinn to honor her generous contributions to our community. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt and present the proclamation. ATTACHMENTS: Ovarian Cancer Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 5, 2017 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL OVARIAN CANCER AWARENESS MONTH PROCLAMATION IN HONOR OF BETH QUINN WHEREAS, little is known about ovarian cancer and more research is needed to develop prevention strategies, early detection tools, better therapies, and cures; and WHEREAS, women survive longer than five years if Ovarian Cancer is detected and treated properly before it has spread beyond the ovaries; and WHEREAS, September is Ovarian Cancer month and the color is TEAL, wear your teal to show you know the signs and symptoms of ovarian cancer; and WHEREAS, She ROCKS exists to bring awareness and attention to ovarian cancer through funding groundbreaking research, and by helping women who are undergoing treatment for cancer. The organization is solely committed to these pursuits and it gives every penny that it takes in toward these goals. She ROCKS believes it is our duty as women to help one another in whatever ways we are able; and WHEREAS, fundraising efforts are being made in our community to support ovarian cancer research. The She Rocks Luncheon is scheduled for September 12th and features seven -time Olympic Medalist Shannon Miller as the speaker. Local businesses are encouraged to become involved, attend the luncheon, and help raise funds for research. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 2017 will be recognized as "Ovarian Cancer Awareness Month" in New Hanover County and calls upon all women and their families in our community to learn more about ovarian cancer, its symptoms, and available methods that may reduce the risk of developing it. Impact, Patience, Renew, Strength, Revitalize, Fearless, Hope and Knowledge Is Power! BE IT FURTHER PROCLAIMED that the Board wishes to honor Beth Quinn by presenting this proclamation to her, to recognize her courageous struggle and to extend heartfelt thanks for the many contributions that she and her husband, Jim, have made to our community. Beth is a genuine hero among us, and is loved by us all. ADOPTED this the 5th day of September, 2017. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 5, 2017 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 5, 2017 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Commissioner Rob Zapple CONTACT(S): Commissioner Rob Zapple SUBJECT: Consideration and Presentation of WHQR Day Proclamation BRIEF SUMMARY: Commissioner Rob Zapple has requested that the Board consider adopting the attached proclamation to declare Wednesday, September 13, 2017 as WHQR Day in New Hanover County. Since 1984 WHQR at 91.3 FM has exceeded radio standards and provides listeners with artistic programming. WHQR's news and information services keep local citizens informed about their community and the world. A representative from WHQR will be present at the meeting to accept the proclamation. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: WHQR Day 2017 Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 5, 2017 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHQR DAY PROCLAMATION WHEREAS, WHQR Public Radio has upheld the highest standards of broadcasting since 1984; and WHEREAS, WHQR's news and information programming provide critical coverage of local, state and national issues; and WHEREAS, WHQR's locally produced programs like Coastline and Communique provide a local forum for community discussion and civil debate; and WHEREAS, Classical WHQR now provides the best of classical music and fine arts programming; and WHEREAS, 90% of WHQR's annual operating costs come directly from local support; and WHEREAS, WHQR provides Emergency Broadcasting during natural disasters throughout southeastern North Carolina and northeastern South Carolina; and WHEREAS, WHQR programming is inclusive of audiences of different ages, ethnicities, and socioeconomic status; and WHEREAS, WHQR is an unmatched quality of life asset for current and future residents. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 13, 2017 be recognized as "WHQR Day" in New Hanover County. ADOPTED this the 5th day of September, 2017. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 5, 2017 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 5, 2017 REGULAR DEPARTMENT: County Manager PRESENTER(S): Meg Smith, Regent, DAR Stamp Defiance Chapter CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Constitution Week Proclamation for the Daughters of American Revolution, Stamp Defiance Chapter BRIEF SUMMARY: September 17, 2017 marks the two hundred thirtieth anniversary of the drafting of the Constitution of the United States of America. The DAR Stamp Defiance Chapter will be present at the September 5th meeting and will accept the proclamation recognizing September 17 -23, 2017 as Constitution Week. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt and present the proclamation. ATTACHMENTS: Constitution Week 2017 Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 5, 2017 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSTITUTION WEEK 2017 PROCLAMATION WHEREAS, September 17, 2017 marks the two hundred thirtieth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; and WHEREAS, in honor of the National Society Daughters of the American Revolution, Stamp Defiance Chapter. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 17 through 23, 2017 be recognized as "Constitution Week" in New Hanover County and asks that citizens reaffirm the ideals the Framers of the Constitution had in 1787. ADOPTED this the 5th day of September, 2017. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 5, 2017 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 5, 2017 REGULAR DEPARTMENT: Strategy & Budget PRESENTER(S): Beth Schrader, Chief Strategy & Budget Officer CONTACT(S): Beth Schrader 111.31 BEN IF Consideration of Outside Agency Funding Policy BRIEF SUMMARY: At the Board's May 1, 2017 meeting, it was requested that County staff prepare an outside agency funding policy for the Board to consider. In turn the policy draft was given to the Board at its May 11 agenda review/budget work session for comment. No comments have been received to date. In addition to the policy, recommendations for selection process(es), budget and timeline have also been included. The proposed policy establishes eligibility criteria for outside agencies, and formalizes documentation and reporting requirements to ensure transparency, accountability, and adherence to best practices. This policy also specifies processes for the consideration and allocation of funding by the Board of County Commissioners. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Request consideration and approval of the proposed policy and recommend that the policy become effective upon approval. Request direction for staff about proposed selection process(es), budget and timeline. ATTACHMENTS: Outside Agency Funding Policy Outside Agency Policy Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 5, 2017 ITEM: 7 OUTSIDE AGENCY FUNDING POLICY 1.0 Purpose To set forth parameters and establish guidelines for the funding of outside agencies by the County and to ensure transparency, accountability, consistency, and adherence to best practices. This policy also establishes eligibility criteria for outside agencies and the required public process for consideration and allocation of funding by the Board of County Commissioners 2.0 Policy 2.1 New Hanover County recognizes that non - profit organizations serve an important role in improving the quality of life for our community by delivering services to our citizens in a cost effective manner through the use of partnerships. 2.2 New Hanover County is committed to providing financial assistance to those nonprofit agencies which assist New Hanover County Government in carrying out its mission, and: 2.2.1 Demonstrably contribute to meeting the county's strategic objectives and are consistent with key priorities; and 2.2.2 Support the delivery of needed services that the County does not provide or that can more effectively or efficiently deliver those services; or 2.2.3 Provide programs or services that enhance a County function or service; or 2.2.4 Address a documented need for the outside agency's program or service. 3.0 Outside Agency Eligibility Criteria It shall be the policy of New Hanover County to consider providing assistance to outside agencies meeting the criteria below. 3.1 Outside agencies and their respective program(s) must be nonprofit or a governmental entity. All nonprofits shall verify their nonprofit status by submitting an IRS tax exempt letter confirming 501 (c)(3) or 501 (c)(6) status, an IRS 990 or 990 EZ form, and a current solicitation license from the North Carolina Secretary of State (or if exempt, the exemption letter). New Hanover County Outside Agency Funding Policy Page 1 1 Board of Commissioners - September 5, 2017 ITEM: 7 - 1 - 1 OUTSIDE AGENCY FUNDING POLICY 3.2 Outside agencies must be incorporated and must not have their revenue suspended by the North Carolina Secretary of State or have overdue federal, state or local taxes. 3.3 All agencies that apply for funding must have been in operation for at least two years by December 31St of the year preceding the application deadline. The County does not fund start -up agencies. 3.4 Eligible outside agencies must have a governing board and submit a current board roster. 3.5 Agency program(s) / service(s) must be available to all New Hanover County residents who meet the eligibility requirements of the agency /program. Program(s) / service(s) offered by the agency must comply with all state and federal statutes related to protection from discriminatory actions. 3.6 Outside agencies must provide a disclosure of any potential conflicts of interest. 3.7 Outside agencies shall adhere to accountability standards set by the Board of County Commissioners and as required by law, including complying with all financial and performance measurement requirements and reporting, and terms of contracts and / or memorandum of understanding, including meeting all deadlines. Compliance with the standards is a criterion for funding. Funds will not be released until, and unless, all financial, performance, contract or memorandum terms, and deadlines are met. All deadlines for reporting and for delivery of any follow up information will be clearly stated in writing and included in the County contract. 3.8 A nonprofit agency must meet all eligibility requirements on its own, and may not use a funding agent or other third party arrangement to meet eligibility requirements. 4.0 Funding Application Procedure 4.1 All outside agency funding requests must be evaluated, discussed, and funding awarded and / or appropriated by the Board of Commissioners in a public meeting, either as part of the annual budget deliberation and adoption process, or as an agenda item at a regular or special board meeting. New Hanover County Outside Agency Funding Policy Page 12 Board of Commissioners - September 5, 2017 ITEM: 7 - 1 - 2 OUTSIDE AGENCY FUNDING POLICY 4.2 Funding requests must be made in writing. Outside agencies must complete an outside agency funding application, and provide all required documentation by the advertised deadline (for annual budget consideration) or Board of County Commissioner agenda deadline (for mid -year requests brought forward by the County Manager or one or more Commissioners for Board consideration as an agenda item at a public meeting of the Board). Mid -year requests should be an exception, not the rule. 4.2.1 Outside agency funding applications are available on the New Hanover County website. Completed applications should be submitted to the Office of Strategy & Budget. 4.2.2 Incomplete applications will not be considered for funding. 4.3 The County Manager will make outside agency funding recommendations annually in the Recommended Budget to the Board of County Commissioners. 4.4 The Board of County Commissioners will approve final funding for all outside agencies. 4.4.1 Applicants will be notified within one (1) week of budget adoption or mid -year funding approval. 4.4.2 A revised scope of work and budget reflecting the final award amount will be required of outside agencies that receive an amount that differs from the original funding request prior to contract execution. 4.5 An agency awarded funds must accept the funds by the completion of a contract agreement which must be signed by the agency director and County Manager (or designee). The contractual agreement and other contract requirements must be signed by the agency and received by the Office of Strategy and Budget no later than 30 days after the date the contract is received by the agency. Failure to comply with this date will result in funding awards being withdrawn. 4.5.1 No major changes can occur after contract signing, either in activities, financing or use of funds, without requesting and receiving approval in writing from New Hanover County. New Hanover County Outside Agency Funding Policy Page 13 Board of Commissioners - September 5, 2017 ITEM: 7 - 1 - 3 OUTSIDE AGENCY FUNDING POLICY 5.0 Reporting and Monitoring 5.1 Relating to the agency's scope of services, all outside agencies approved for funding will be required to submit a financial and programmatic mid -year report by December 1 and a year -end report by June 1. 5.1.1 The report must indicate the extent to which county funds have been spent and goals and objectives are being achieved and / or have been achieved. 5.1.2 If performance is not at the expected level, the agency must submit an explanation for the deviation and describe actions it will take to remedy the situation. 5.2 Annual Agency Financial Reporting 5.2.1 Any outside agency that receives $25,000 or more of funding must submit a financial audit at its own expense. The audit must be conducted by a certified public accountant; financials must be two -year comparative. Additional information may be requested if required to understand the financial statements of the agency. 5.2.2 An outside agency receiving less than $25,000 must submit compiled financial statements that have been prepared by an accounting professional and approved by the agency's governing board. Financials must be two -year comparative. Additional information may be requested if required to understand the financial statements of the agency. 5.2.3 Any related -party transactions must be identified, and a detailed explanation provided, if not identified in the audited financial statements. A related -party transaction is a business deal or arrangement between two parties who have a relationship prior to the deal. This could include, but is not limited to, an arrangement between a key member of management, a close family member of key management staff, a parent or subsidiary company, or a member of the managing board. Typical arrangements could include, but is not limited to, purchases, loans or receivables. 5.3 Outside agencies requesting funding may be subject to a program evaluation. Program evaluations can include: 5.3.1 Reviewing current financial relationship with New Hanover County; 5.3.2 Agency background and partnership history (if applicable); New Hanover County Outside Agency Funding Policy Page 14 Board of Commissioners - September 5, 2017 ITEM: 7 - 1 - 4 OUTSIDE AGENCY FUNDING POLICY 5.3.3 Assessing achievement of the County's goals and alignment with New Hanover County's strategic objectives; 5.3.4 Performance measurement evaluation and customer evaluation; 5.3.5 Cost / benefit analysis and benchmarking; and 5.3.6 Identification of program challenges. New Hanover County Outside Agency Funding Policy Page 15 Board of Commissioners - September 5, 2017 ITEM: 7 - 1 - 5 Outside Agency Funding Policy and Process Beth Schrader Chief Strategy &Budget Officer Office of Strategy & Budget Board of Commissioners - September 5, 2017 September 5, 2017 New Hanover County ITEM: 7 - 2 - 1 E ligible Agencies • Nonprofits (501c3 or 501c6) or governmental agencies • Minimum of 2 years of prior operation • Incorporated, no overdue taxes, have a governing board, and disclose any potential conflicts of interest • Programs services must be available to all NHC residents who meet eligibility criteria • Must meet accountability standards • Agency must meet all eligibility criteria on its own Office of Strategy & Budget September 5, 2017 Board of Commissioners - September 5, 2017 New Hanover County ITEM: 7 - 2 - 2 Slide 2 Application Procedures • Applicant must complete a written application (with all required documentation) • Application(s) reviewed by BOCC at a public meeting • BOCC approval of final funding • Agency acceptance of funds by signing written contract Office of Strategy & Budget September 5, 2017 Board of Commissioners - September 5, 2017 New Hanover County ITEM: 7 - 2 - 3 Slide 3 Reporting Requirements • December 1 and June 1 - Progress against goals / measures - Extent to which / how county funds spent Action plan to remedy, if not on target • Audited ( >_$25K received) or compiled ( <$25K) financial statements prepared by professional and board approved - 2 year comparative data and any related -party transactions identified • May be subject to a program evaluation Office of Strategy &Budget September 5, 2017 Board of Commissioners - September 5, 2017 New Hanover County ITEM: 7 - 2 - 4 Slide 4 Recommended Selection Process(es) Economic Agencies Human Services Agencies Includes both: BOCC appoints 7 person committee: • Economic Development Agencies • Community -Based Economic Development Agencies (arts, attractions, events, etc.) No specified budget maximum /minimum • Review & score outside agency annual budget requests • Recommend agencies to fund and amount per agency Allocable budget set by BOCC (for example: $ per capita, % budget, etc.) County Manager recommendations included in Recommended Budget for Committee recommendations included in BOCC approval Recommended Budget for BOCC approval No specified funding eligibility time limits 3 years funding eligibility — then BOCC evaluates if move to vendor status or Office of Strategy & Budget Board of Commissioners - September 5, 2M7e l i g i b l e for 1 year New Hanover County ITEM: 7 - 2 - 5 Slide 5 Proposed Timeline 2017 Oct. /Nov. Outside Agency Training Session(s) / Q &A on new policy, process, contract and reporting requirements 2018 Jan. Outside Agency Applications due Board selection of citizen review committee Jan. -Mar. Committee review and scoring of applications Committee shares funding recommendations with BOCC and County Manager for inclusion in Recommended Budget May Recommended Budget formally presented to BOCC Office of Strategy & Budget New Hanover County Board of Commissioners - September 5, 2017 ITEM: 7 - 2 - 6 September 5, 2017 Slide 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 5, 2017 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Jordy Rawl) CONTACT(S): Brad Schuler; Ken Vafier, Planning Manager; Ben Andrea, Current Planning & Zoning Supervisor SUBJECT: Public Hearing Rezoning Request (Z17 -08) — Request by Lee Law Firm, PLLC, on Behalf of the Property Owner, The Lewis Family Tract, LLC, in Order to Rezone 85.19 Acres Located at the 4700 Block of Gordon Road from O &I, Office and Institutional District, and B -2, Highway Business District, to (CUD) R -15, Conditional Use Residential District, and for a Special Use Permit in Order to Develop a High Density Development. BRIEF SUMMARY: This item, at the request of the applicant, was continued from the August 21st Board of Commissioners meeting. Lee Law Firm, PLLC, on behalf of the property owner, The Lewis Family Tract, LLC, is requesting to rezone 85.19 acres of land located at the 4700 block of Gordon Road from O &I and B -2 to (CUD) R -15 in order to develop a high density development. The property is adjacent to I -40 and is in an area that is zoned and used for residential purposes. The proposed development will consist of 236 single - family lots and 192 apartment units. Access is provided to the subject property by Gordon Road (SR 2048). This proposal will generate 275 trips in the AM peak, and 359 trips in the PM peak, and therefore, a TIA was completed and is currently being reviewed by NCDOT and WMPO. A portion of the TIA is attached as part of this packet, and the full TIA (which includes the appendix) is located online on the Development Activity Page: http://planningdevelopment.nhcgov.com/development-activity/ The TIA recommends the following improvements: Gordon Road and NC 132 (N. College Road) /I -40 Eastbound Ramps • Optimize Signal timing. • Increase the southbound left turn lane to 650 feet of storage with appropriate taper. • Increase the westbound left turn lane to 400 feet of storage with appropriate taper. Gordon Road and Blount Drive /Site Access • Signalizing the intersection; • Westbound left turn lane with 100 feet of storage and appropriate taper; • Eastbound right turn lane with 100 feet of storage and appropriate taper; and • Northbound full left turn lane along with a through -right lane that extends to the first internal driveway. The 2016 Comprehensive Land Use Plan classifies the subject property as Urban Mixed Use. The proposed Board of Commissioners - September 5, 2017 ITEM: 8 residential development is not consistent with the 2016 Comprehensive Land Use Plan because it is moving the County's development pattern away from the direction outlined in the Future Land Use Map. It proposes a residential development on the only portion of the Urban Mixed Use place type off Gordon Road that is not already zoned for residential, and design features do not conform with the recommendations for this place type. The Planning Board considered this application at their July 13, 2017 meeting. At the meeting, an adjoining property owner, who did not speak in opposition of the project, presented concerns regarding the potential for residents to trespass on his property. Another resident had concerns regarding traffic on Gordon Road as additional developments are constructed in the area, and she stated her support for the traffic light to be installed at the intersection of Gordon Road and Blount Drive as recommended in the TIA. The Planning Board recommended denial (4 -3) of the application, citing that the proposal did not contribute to the mixed use development pattern encouraged by the Comprehensive Plan. The Board recommended that the application be modified to designate a portion of the property for nonresidential uses. Also, the Board had concerns with the design of the development, specifically regarding access to the lots located in the northern portion of the property, and the proximity of wetlands to certain lots within the development. The applicant has updated the site plan in response to these design concerns. The Planning Board found that the proposed rezoning to the conditional use district is: 1. Not consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposal would remove the only non - residential zoning in an area that is exclusively zoned for residential purposes. This will not support a mixture of compatible uses as encouraged in the Urban Mixed Use place type and does not conform to the recommended development intensity of the place type. 2. Not reasonable and not in the public interest because the proposal would not encourage a mixture of uses that would promote alternative forms of travel and the reduction of the dependency on the automobile. In accordance with the standards of the Zoning Ordinance, the applicant has elected to appeal the Planning Board's recommendation to the Board of Commissioners. Please note: 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. 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 concurs with the Planning Board's action and recommends denial of the Conditional Use Zoning District. Staff suggests the following motion: Motion to deny, affirming staff's statements that the application is not consistent with the Comprehensive Plan and is not reasonable and not in the public interest. SPECIAL USE PERMIT Board of Commissioners - September 5, 2017 ITEM: 8 Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit to develop a high density development: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; and 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. [State the finding(s) that support each of the above conclusions] [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Potential conditions: 1. The proposed private right -of -ways shall be open for public use and placed within a public access easement. 2. Streetscape landscaping and buffering, consistent with that of which is required for high density developments adjacent to single - family developments, shall be installed around the multi - family structures to provide a screen from the single- family lots located within the development. 3. A 20 -foot wide access easement shall be dedicated to the County along Smith Creek in order to allow for the future installation of a multi -use path in accordance with the Wilmington/NHC Greenway Plan. 4. Five feet of right -of -way shall be dedicated to NCDOT along Gordon Road for the purpose of allowing for future roadway improvements. This right -of -way dedication shall be in addition to any right -of -way dedication required as a result of the TIA and driveway permit. Example Motion for Denial: Motion to deny, citing the findings of fact in the staff summary, and that 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] ATTACHMENTS: Z17 -08 Script for BOC Z17 -08 Staff Summary BOC Z17 -08 Neighboring Properties Map Z17-08 Zoning Map Z17-08 Future Land Use Map Applicant Materials Cover Sheet Z17 -08 Application Z17 -08 Proposed TIA (Sections 1 -6) Proposed Site Plan Cover Sheet Z17 -08 Proposed Site Plan Opposition Comment Document Z17 -08 Opposition Email -K Zitnay Board of Commissioners - September 5, 2017 ITEM: 8 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) 1) Recommend denial of the rezoning affirming staffs statements that the application is not consistent with the comprehensive plan. 2) Upon denial of the rezoning the special use permit will not be considered. COMMISSIONERS' ACTIONS: The rezoning was approved 3 -2, Commissioners Barfield and Zapple dissenting. The special use permit was approved with conditions 3 -2, Commissioners Barfield and Zapple dissenting. Board of Commissioners - September 5, 2017 ITEM: 8 SCRIPT for Conditional Use Zoning District Application (Z17 -08) Request by Lee Law Firm, PLLC, on behalf of the property owner, The Lewis Family Tract, LLC, in order to rezone 85.19 acres located at the 4700 block of Gordon Road from O &I, Office and Institutional District, and B -2, Highway Business District, to (CUD) R -15, Conditional Use Residential District, and for a Special Use Permit in order to develop a high density development. 1. Swear witnesses: Announce that "the Conditional Use District process requires a quasi - judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak or who want to present testimony please step forward to be sworn in. Thank you." 2. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct Hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 4. Close the public hearing 5. Board discussion 6. Ask Applicant whether he /she agrees with staff findings and any condition proposed to be added to the Special Use Permit. 7. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to approve or deny the application. What do you wish to do? 8. Vote on rezoning (first vote). The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to deny, affirming staff's statements that the application is not consistent with the Comprehensive Plan and is not reasonable and not in the public interest. Alternative Motion for Approval /Denial: Motion to [Approve /Deny], as the Board finds that this application is: 1. [Consistent /Not Consistent] with the purposes and intent of the 2016 Comprehensive Plan because (Describe elements of controlling land use plans and how the amendment is or is not consistentl. 2. [Reasonable /Not Reasonable] and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detrimentsl. 9. Vote on the companion Special Use Permit (second vote). Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) Motion to deny the permit because the Board cannot find: a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: b. That the Use meets all required condition and specifications: c. That the use will not substantially inure the value of adjoining or abutting property, or that the use is a public necessity: d. That the location and character of the use if developed according to the plan submitted and approved will be in harmony with the area in which it is located and is in general conformity with the plan of development for New Hanover County: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit to develop a high density development: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; and 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. [State the finding(s) that support each of the above conclusions] [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Potential conditions: 1 ) The proposed private right -of -ways shall be open for public use and placed within a public access easement. 2) Streetscape landscaping and buffering, consistent with that of which is required for high density developments adjacent to single - family developments, shall be installed around the multi - family structures to provide a screen from the single - family lots located within the development. 3) A 20 -foot wide access easement shall be dedicated to the County along Smith Creek in order to allow for the future installation of a multi -use path in accordance with the Wilmington/NHC Greenway Plan. 4) Five feet of right -of -way shall be dedicated to NCDOT along Gordon Road for the purpose of allowing for future roadway improvements. This right -of -way dedication shall be in addition to any right -of -way dedication required as a result of the TIA and driveway permit. Example Motion for Denial: Motion to deny, citing the findings of fact in the staff summary, and that 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] STAFF SUMMARY OF Z 17 -08 CONDITIONAL USE ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z17 -08 Request: Conditional Use R -1 5 Zoning District in order to develop a high density development consisting of 236 single - family lots and 192 apartment units. Applicant: Property Owner(s): Robbie B. Parker & Michael V. Lee with Lee The Lewis Family Tract, LLC Law Firm, PLLC Location: Acreage: 4700 block of Gordon Road 85.19 acres PID(s): Comp Plan Place Type: R04300- 008 - 015 -000; R04300- 008 - 014 -001; R04300- 008 - 014 -000; Urban Mixed Use & Conservation R04300-008-013-000; and R04300-008-012-000. Existing Land Use: Proposed Land Use: Undeveloped High density development Current Zoning: Proposed Zoning: 0&1 and B -2 (CUD) R -15 g i I� s� U Zonin ••. hr':' {cur) B 1 ° r LEUai Ox� ElnY1¢rr# r - o 1i rrrrrr , w:i W " Q O', ♦` I�i ,,pit ■ ■■rr# I� 40 � - •�'�,� a .:,� � x offlim 'b� ■■dr rrrrrr tl-9,41 d4u �4�i �WESiGATF w :+Irr!#' ,4, ,spy � "s� ►,�roiv r Q } 1M06 LCl IOTT (y p,W AR o —Z17-08 R -15 . w ! G R-10 3 "oLq vb R4Nr z xe r NM�NGSTOIJ CREi`' `�CORp ELKI RYE _,�CHlt� `9FZC EP�1 �,i `KINGS I � � . � RED F3A� 11PM�JN SURROUNDING AREA LAND USE ZONING North Single- family residential (Weaver Acres) R -15 East Interstate 40/Single- family residential R -15 Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 1 Page 1 of 14 ZONING HISTORY July 7, 1972 Initially zoned R -15 (Area 813) April 7, 1986 The subject property was rezoned to 0&1 (front 300 feet) and B -2 (Z -262) COMMUNITY SERVICES Single- family residential (Kings Grant)/Religious Water /Sewer South Fire Protection R- 15/R -10 Schools Institution Total West Single- family residential /Undeveloped R -15 ZONING HISTORY July 7, 1972 Initially zoned R -15 (Area 813) April 7, 1986 The subject property was rezoned to 0&1 (front 300 feet) and B -2 (Z -262) COMMUNITY SERVICES Conservation Water /Sewer The development will connect to CFPUA water and sewer services. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Murrayville Station Schools School Total Capacity w /Mobiles +/- Capacity Blair 568 529 39 Eaton 562 466 96 Trask 747 662 85 Laney 2221 1733 488 Recreation Smith Creek Park & Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The property contains swamp forest wetlands along Smith Creek. These wetlands are subject to the standards of the Conservation Overlay District. Historic No known historic resources Archaeological No known archaeological resources Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 2 Page 2 of 14 Proposed Site Plan • The proposed development consists of 236 single - family lots and 192 apartment units for a total of 428 dwelling units. This equates to a density 5 dwelling units per acre based on the net acreage. • The proposed street network will be dedicated as private. • A bufferyard is required along the eastern side of the apartment buildings, and a streetscape is required along Gordon Road. • 35% of the property must be dedicated as open space, with 15% of the property being able to be used for active recreation. • A clubhouse and pool will be included within the apartment area. Z17 -08 Staff Summary BOC Page 3 of 14 Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 3 TRANSPORTATION • Access is provided to the subject property by Gordon Road (SR 2048). • The current 2016 -2025 NC State Transportation Improvement Program (STIP) includes a project (U -3831 ) that will widen Gordon Road to multi - lanes, with construction expected to begin in 2023 -2024. However, the proposed 2018 -2027 STIP does not include this project. • The NHC /City of Wilmington Greenway Plan recommends that bike lanes be installed along Gordon Road, and that a greenway be installed along Smith Creek and College Road /1 -40. • A Traffic Impact Analysis (TIA) was conducted for the proposed development and is currently under review by the MPO and NCDOT. Below is information taken from the analysis. The TIA can be found online at the County's Development Activity Page: http_/ /plannincidevelopment.nhcgov.com /development - activity Trip Generation LAND USE INTENSITY AM PEAK PM PEAK Single - Family Home (210) 236 Dwelling Units 177 236 Apartments (220) 192 Dwelling Units 98 123 Total: 275 359 • The proposed development is anticipated to 3,534 trips during the course of a 24 -hour period. Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 4 Page 4 of 14 Level of Service Table 5.2 - Gordon Road and NC 132 (N. College Road)11-40 Eastbound Ramps RW Level of Service by Approach • - (Delay - - Scenario LOS EastbounMFVVestbQund Northbound 11 Southbound JML AM Peak Hour L I T I R L T I R L I T 11 R L T R 2017 Existing C (25.4) C D D C C A B C B D C G (34.0) (41.5) (41.5) (27.4) (21.3) (9.8) (16.3) (33.2) (16.0) (37.1) (27.6) 27.6 D (40.3) B (18.1) C (22.6) C (31.5) L T R L T R L T R L T R 2021 Future No E (76.4) C D D F C B D C B F C G Build (34.6) (42.9) (42.9) (129.3) (22.6) (11.1) (45.4) (32.8) (16.4) (296.1) (31.4) (31.4) D (41.5) D (46.0) C (27.5) F (139.7) L T R L T R L T R L T R 2021 Future Build F (91.6) C D D F C B D C B F C C (34.1) (42.2) (42.2} (208.3) (23.7} (11.8} (46.8) (33.6) (17.3) (331.9) (32.3) (32.3) D (41.0) E (69.9) C (28.3) F (157.5) L T R L T R L T R L T R 2021 Future Build D E E F C A E E C F C C with Improvements D (45.4) (49.2) (68.0) (68.0) (87.8) (28.4) (7.0) (64.1) (64.8) (24.8) (80.3) (32.4) 32.4 E (65.1) C (36.1) PM Peak Hour D (46.2) L T R L T R L T R L T I R 2017 Existing C (27.7) C C C B B A B D C D C C 1 (26.9) (35.0) (35.0) (16.2) (13.9) (6.1) (19.9) (36.8) (22.9) (44.3) (30.6) (30.6) C (33.9) B (10.6) C (26.9) D (35.9) L T R L T R L T R L T R 2021 Future No F (84.9) C D D E B A D D C F C C Build (27.6) (37.3) (37.3) (55.1) (14.4) (6.6) (46.1) (36.8) (22.8) (359.9) (31.4) (31.4) D (36.0) C (20.6) C (28.9) F (160.9) L T R L T R L T R L T R 2021 Future Build F (107.3) C D D E B A D D C F C C (27.8) (41.7) (41.7) (67.4) (14.7) (6.8) (46.1) (36.8) (23.6) (460.7) (31.4) 31.4 D (40.1) C (24.9) C (28.9) F (214.1) L T R L T R L T R L T R 2021 Future Build D E E F C A D D D E C C with Improvements D (44.5) (35.5} (71.6) (71.6) (97.6) (21.9) (4.2) (52.3) (52.0) (36.0) (66.4) (27.3) (27.3) E (67.2) C (33.5) D (41.6) D (43.9) Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 5 Page 5 of 14 Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 6 Page 6 of 14 Table 5.3 - Gordon Road and 1-40 WB Ramps LOS Level of Service by Approach (Delay - - Scenario Worst Approach Eastbound Westbound Northbound Southbound AM Peak Hour L T R L T R L T R L T R 2017 Existing C (17.9) NBA roach B A 14.3 0.0 A 0.0 A F F B 0.0 61.5 61.5 13.2 A (1.5) A (0.0) C (17.9) L T R L T R L T R L T R 2021 Future No C (19.1) B A A A F F B Build NB Approach 12.7 0.0 0.0 0.0 70.6 70.6 13.9 A (1.3) A (0.0) C (19.1) L T R L T R L T R L T R 2021 Future C (21.0) C A A A F F 8 Build NB Approach 14.1 0.0 0.0 0.01 90.4 90.4 14.1 PM Peak Hour L R L T R L T R L T R 2017 Existing D (32.3) NB Approach B 12.3 A A 0.0 0.0 F F D 90.2 90.2 26.4 7) A (0.0) D (32.3) L R !A(l L T R L T R L T R 2021 Future No E (39.5) B A A F F D Build NB Approach 10.7 0.0 0.0 112.4 112.4 32.2 4) A (0.0) E (39 .5) L R L T R L T R L T R 2021 Future F (76.3) B A A A F F F Build NB Approach 11.5 0.0 0.0 0.0 (1965) .(1965) . 65.5 A (1.3) A (0.0) F (76.3) Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 6 Page 6 of 14 Recommended Improvements The TIA recommends the following the improvements be installed to the adjacent roadway network in order to accommodate the proposed development: • Gordon Road and NC 132 (N. College Road) /1 -40 Eastbound Ramps • Optimize Signal timing. • Increase the southbound left turn lane to 650 feet of storage with appropriate taper. • Increase the westbound left turn lane to 400 feet of storage with appropriate taper. • Gordon Road and Blount Drive /Site Access o Signalizing the intersection; Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 7 Page 7 of 14 Table Gordon -... and Blount Drive/Site Access Level of - by .p .. OS of (Delay in secfveh) - - Approach Eastbound Westbound Northbound Southbound AM Peak Hour L I T R L T R L T R L T R 2017 Existing F (93.9) B A A A F F SB Approach 12.7 0.0 0.0 0.0 93.9 93.9 A (0.1) A (0.0) F (93.9) L T R L T R L T R L T R 2021 Future F (109.1) B A A A F F No Build SB Approach 13.2 0.0 (00) 0.4 109.1 109.1 A (0.1) A (0.0) F (109.1) L T R L L T R L T R 2021 Future F (6731.3) B A A F F F F F F Build NB Approach 13.2 0.0 0.0 6731.3 6731.3 6731.3 475.5 475.5 475.5 A (0.1) A (0.1) F (6731.3) F (475.5) L T R L T R L T R L T R 2021 Future D (48.7) D D A E C C F E E E Build with Signal 51.4 51.4 5.4 70.9 34.1 34.1 163.5 E (67.3) E (67.3) 64.3 60.3 60.3 Improvements D (48.7) C (34.6) PM Peak Hour F (138.2) E (60.3) L T T R L T R L T R 2017 Existing E (38.7) B A A A E E SB Approach 10.0 0.0 0.0 0.0 38.7 38.7 A (0.1) tA (0.0) E (38.7) L T T R L T R L T R 2021 Future E (44.6) B A A A No Build SB Approach 10.3 0.0 0.0 0.0 44.6 44.6 A (0.1) A (0.0) E (44.6) L T R L T R L T R L T R 2021 Future F (3304.7) B A A B A A F F F F F F Build NB Approach 10.3 0.0 0.0 12. 0.0 0.0 3304.7 3304.7 3304.7 251.9 251.9 251.9 A (0.0) A (0.7) F (3304.7) F (261.9) L T R L T R L T R L T R 2021 Future C (22.2) C C -A--F-D- D A A D D D Build with Signal 31.2 31.2 7.3 43.0 8.0 8.0 FEE D (41.2) D (41.2) 38.2 38.2 38.2 Improvements C (27.7) B (10.0) E (60.7) D (38.2) Recommended Improvements The TIA recommends the following the improvements be installed to the adjacent roadway network in order to accommodate the proposed development: • Gordon Road and NC 132 (N. College Road) /1 -40 Eastbound Ramps • Optimize Signal timing. • Increase the southbound left turn lane to 650 feet of storage with appropriate taper. • Increase the westbound left turn lane to 400 feet of storage with appropriate taper. • Gordon Road and Blount Drive /Site Access o Signalizing the intersection; Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 7 Page 7 of 14 • Westbound left turn lane with 100 feet of storage and appropriate taper; • Eastbound right turn lane with 100 feet of storage and appropriate taper; and • Northbound full left turn lane along with a through -right lane that extends to the first internal driveway. ENVIRONMENTAL • The southern portion of the property contains Special Flood Hazard Areas along Smith Creek. These flood areas include an AE floodway, AE flood zone (100 -year floodplain), and Shaded X flood zone (500 -year floodplain). The AE flood zone is located on approximately 7 lots. Structures built within the flood zone must comply with the county's Flood Damage Prevention Ordinance. • The property contains regulated wetlands for which the delineation has been approved by the US Army Corps of Engineers. Most of the wetlands area located in the southern portion of property along Smith Creek. These wetlands adjacent to Smith Creek are subject to the standards of the county's Conservation Overlay District. • The property is not located within a Natural Heritage Area. • The subject property is within the Smith Creek (SA;HQW) watershed. • Soils on the property consist of Class II (moderate limitation), Class III (severe limitation) and Class IV (unsuitable) soils, however, this project must install public water and sewer service in accordance with the standards for high density developments and CFPUA. 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. ,�. Place TypeS NT CENTER a`,�wry es "C' GALE a rr,_ a �� _ *� �tS� !D Q`�f.+� � . �■ r■r.�ra,.�,= , w t 'ySr . o a + �;_'_ ° ;;', ' .G,. EN ERAL RESIDENTIAL ENT*I�A� L f GpRp�'o r CONSERVATION s *�� Detiw000 URBAN ♦�� p v°'y MIXED USE ♦�,II` � i�" .� ra �M 4'�:�ra /�N .��,�f► kfkGr ,, �� 1►,s� r.-! ti!UiANDr ►;i #�tl !�' SC�ANr ' Gz'�9.pFN �''%4�.. 'W �. _ ��[:�� Cji�� G;a`+ a R � � '�•'�'� III / /��,� ��/�oy �= RFC da'tiFj.4'1�� .. PYf _ AF2� F�tfDl�� r Z17 -08 Staff Summary BOC Page 8 of 14 Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 8 Future Land Use Map Place Type Urban Mixed Use (portion of property in Conservation) Desired Outcome: A vibrant economy for New Hanover Promotes development of a mix of residential, office, and retail uses at Place Type higher densities. Types of uses encouraged include office, retail, mixed use, Description small recreation, commercial, institutional, single - family, and multi - family commercial use. residential. Desired Outcome: Growth patterns that achieve efficient The proposed residential rezoning does not provide for the mix of uses and provisions of services and equitable distribution of costs design desired for this place type. Housing not associated with a mixed - between the public and private sectors use development is recommended to be less than a quarter of all uses in an and it incorporates street connections to adjoining undeveloped property, as recommended. Urban Mixed Use area. This rezoning would provide all the desired housing Desired Outcome: Coordinated efforts of public and private component for the entire Urban Mixed Use area off Gordon Rd. and is the Consistency only portion of that area currently zoned to allow the other desired uses. In Analysis addition, the subdivision design includes block lengths larger than those with connectivity. They are proposed as private roads with public easements. recommended for this place type. The portion of the property designated Conservation is adjacent to Smith Creek and the required conservation overlay district will limit development in this area. 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 development will provide sufficient residential density to support existing and future commercial uses nearby. However, the subject property is the only portion of the Urban Mixed Use place type off Gordon Road that is currently zoned for commercial use. 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: Sufficient infrastructure is in place to support the proposed development, and it incorporates street connections to adjoining undeveloped property, as recommended. Goal IV: Use public Desired Outcome: Coordinated efforts of public and private infrastructure improvements to leverage private investments investment to maximize improvements Consistency Analysis: The proposed development includes street connections that will assist with connectivity. They are proposed as private roads with public easements. Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 9 Page 9 of 14 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 encourage safe, walkable use of an automobile. A community where individuals can communities safely walk, bike, and access transit. Consistency Analysis: Five -foot wide sidewalks are proposed on one side of the road, but other transportation infrastructure for urban mixed use areas, including bicycle lanes and wide shoulders, are not included in the proposed development plan. Goal IX: Promote Desired Outcome: Development that accommodates environmentally responsible population growth while minimizing negative impacts on growth natural resources Consistency Analysis: While the proposed development is not mixed use, as recommended by the comprehensive plan, it is clustered, which will minimize impacts on natural resources. However, several residential lots are immediately adjacent to the wetlands that assist in filtering contaminants before they can enter Smith Creek. Goal XIII: Preserve and Desired Outcome: Accommodating anticipated growth in a protect water quality and manner that is sustainable to New Hanover County's water supply supply and water quality Consistency Analysis: The implementation guidelines for this goal include encouraging the retention of natural vegetative buffers to protect water quality, subdivision design that protects and improves water quality, and low impact development best management practices. Several residential lots in the proposed development are immediately adjacent to the wetlands that assist in filtering contaminants before they can enter Smith Creek. Goal XV: Provide for a range Desired Outcome: Citizens are not overburdened with the of housing types, costs or availability of housing, but have a diverse range of opportunities, and choices options that are affordable at different income levels Consistency Analysis: The proposed development does include both single - family and multi- family housing types. 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 development includes sidewalks, community amenities, and active and passive open space. An easement for the multi -use path along Smith Creek included in the Greenway Master Plan is not included in the application information. Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 10 Page 10 of 14 Goal XX: Support health promotion and disease Desired Outcome: A built environment that supports citizens prevention while minimizing with mental and physical disabilities through the location of debilitating effects of mental services, integration of land uses, and sensitivity to the and physical disabilities disabled population Consistency Analysis: One of the implementation guidelines for this goal includes designing sidewalks, pedestrian amenities, and residential common areas to be inclusive of persons with limited mobility. Access to the community pool and active and passive common areas may be limited for individuals with mobility issues due to gaps in sidewalks connecting to these areas. Staff Consistency Recommendation The proposed residential development is not consistent with the 2016 Comprehensive Land Use Plan because it is moving the County's development pattern away from the direction outlined in the Future Land Use Map. It proposes a residential development on the only portion of the Urban Mixed Use place type off Gordon Rd. that is not already zoned for residential, and design features do not conform with the recommendations for this place type. COMMUNITY MEETING NOTES • A community meeting was held on Thursday, June 8, 2017 in accordance with the requirements for such an application. • The applicant has provided a summary of the meeting within the application. • No modifications were made to the site plan as a result of the community meeting. PLANNING BOARD ACTION The Planning Board considered this application at their July 13, 2017 meeting. At the meeting, an adjoining property owner, who did not speak in opposition of the project, presented concerns regarding the potential for residents to trespass on his property. Another resident had concerns regarding traffic on Gordon Road as additional developments are constructed in the area, and she stated her support for the traffic light to be installed at the intersection of Gordon Road and Blount Drive as recommended in the TIA. The Planning Board recommended denial (4 -3) of the application, citing that the proposal did not contribute to the mixed use development pattern encouraged by the Comprehensive Plan. The Board recommended that the application be modified to designate a portion of the property for nonresidential uses. Also, the Board had concerns with the design of the development, specifically regarding access to the lots located in the northern portion of the property, and the proximity of wetlands to certain lots within the development. The applicant has updated the site plan in response to these design :•1.1it•iaW0.1fl Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 - 2 - 11 Page 11 of 14 The Planning Board found that the proposed rezoning to the conditional use district is: 1 . Not consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposal would remove the only non - residential zoning in an area that is exclusively zoned for residential purposes. This will not support a mixture of compatible uses as encouraged in the Urban Mixed Use place type and does not conform to the recommended development intensity of the place type. 2. Not reasonable and not in the public interest because the proposal would not encourage a mixture of uses that would promote alternative forms of travel and the reduction of the dependency on the automobile. In accordance with the standards of the Zoning Ordinance, the applicant has elected to appeal the Planning Board's recommendation to the Board of Commissioners. STAFF RECOMMENDATION Staff concurs with the Planning Board's action and recommends denial of the Conditional Use Zoning District. 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. Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Water and wastewater services must be provided and designed to comply with the Cape Fear Public Utilities Authority standards. B. The subject property is located in the New Hanover County North Fire Service District. C. Access to the site will be provided by Gordon Road, an arterial street. D. A Traffic Impact Analysis has been completed and must be review and approved by the MPO and NCDOT, and any improvements to the roadway network required as part of that approval must be installed in accordance with NCDOT's standards. E. The subject site will have minimal impact to any known conservation resources located on 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. Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 -2-12 Page 12 of 14 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 -15 zoning district. B. The site design complies with the standards of Section 72 -43 of the Zoning Ordinance. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the required conditions and specifications of the Zoning Ordinance. Finding 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The location of the proposed high density development is classified as Urban Mixed Use in the 2016 Comprehensive Plan. B. The surrounding land uses predominately include residential uses. 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 Urban Mixed Use, which promotes a mixture of office, retail, recreation, commercial, institutional, and single and multi - family housing. B. The property's current zoning districts would allow for non - residential uses including office, retail, and commercial uses, and also provides an opportunity for mixed use development through the special use permit process. C. The proposed rezoning would remove the only non - residential zoning from the area which already is exclusively zoned for residential purposes. It would not encourage a mixture of uses that would promote alternative forms of travel and the reduction of the dependency on the automobile. D. Both the planning staff and Planning Board have found the application to be inconsistent with the 2016 Comprehensive Plan. Staff Suggestion: Evidence in the record at this time does not support a finding that the use is general conformity with the plan of development for New Hanover County. Z17 -08 Staff Summary BOC Board of Commissioners - September 5, 2017 ITEM: 8 -2-13 Page 13 of 14 Potential Conditions Should the Board of Commissioners wish to approve the application, staff has identified potential items that may be appropriate to attach as conditions. 1) The proposed private right -of -ways shall be open for public use and placed within a public access easement. 2) Streetscape landscaping and buffering, consistent with that of which is required for high density developments adjacent to single - family developments, shall be installed around the multi - family structures to provide a screen from the single - family lots located within the development. 3) A 20 -foot wide access easement shall be dedicated to the County along Smith Creek in order to allow for the future installation of a multi -use path in accordance with the Wilmington/NHC Greenway Plan. 4) Five feet of right -of -way shall be dedicated to NCDOT along Gordon Road for the purpose of allowing for future roadway improvements. 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OR --HARGROVEip � ANr °pR L- - AKE1,CMERA-Lolt E sHEro � $1 m Q. 0 N N n 0 0 m o� c _. m A Q N C •• ul m m N K = � %FRS 0 � m p a 0 D < — o cr C- � O = Q- a�:ba39 77LL ❑ IF BLpUN L / l ri DR GERS. OR --HARGROVEip � ANr °pR L- - AKE1,CMERA-Lolt E sHEro � $1 m Q. 0 N N n 0 0 m o� c _. m A Q N C •• ul m F cQ � ® O � n H rt v Q. v o ID < - m 0 ` C N m M 0 ARRIS'k A o s o' Ooyc., � ol off, yt, ❑� `gad s 0 A �p X17 m K = C y. 3 � m < — N � O 3 0 ID 3. Q_ C N m F cQ � ® O � n H rt v Q. v o ID < - m 0 ` C N m M 0 ARRIS'k A o s o' Ooyc., � ol off, yt, ❑� `gad s 0 A �p X17 APPLICANT MATERIALS Board of Commissioners - September 5, 2017 ITEM: 8 - 6 - 1 Print Form NEW HANOVER COUNTY 230 Government Center Drive Suite 110 PLANNIN G & INSPECTIONS 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 Robbie B. Parker The Lewis Family Tract, LLC 4702,4706,4714,4718 Gordon R, Company Owner Name 2 Parcel ID(s) R04 %" - OI %.Olz Lee Law Firm, PLLC McAdam Homes LLC (Contract Buyer) �R4oSq%_* rlo►ItOJ-�ez�O�i-Bvo, oo_p(� 404 Qe9 r v1y .001 Address Address Area 3414 Wrightsville Avenue 6320 Carolina Beach Road 85 +/- acres City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28403 Wilmington NC 28412 B -2 & 0&1 Phone Phone Proposed Use 910 - 399 -3447 Single & Multi - Family R -15 Email Email band Classification robbie @leelawfirm.com R -15 High Density Application Tracking Information (Staff Only) Case Number Date /Time received: Received by: 71-7 -0g &N L67 f�-S 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 Pennits: • 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 l 10: 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 - September 5, 2017 ITEM: 8 - 7 - 1 00 1- 014.009 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 Traffic Impact Worksheet Traffic Impact Analysis (if applicable) Copy of the New Hanover County Tax Map, which delineates the property requested�p g S for rezoning. Legal description (by metes and bounds) of property requested for rezoning. Copy of the subdivision map or recorded plat which delineates the property. Site Plan (8 -24x36 copies for Planning Board; 8 -24x36 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads i • 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 j Zoning Ordinance Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. Page 2 of 5 04/14 Board of Commissioners - September 5, 2017 ITEM: 8 - 7 - 2 • Any other information that will facilitate review of the proposed change (Ref, Article VII, as applicable) J4 1' , ✓ A report of the required public information meeting outlined in Section 111 -2.1. Authority for Appointment of Agent Form (if applicable) Fee - For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 ilk �✓� CRITERIA REQUMED 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 wbich 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 deveioprnent encourage safe and afforclabie housing to be avaiiabie to every citizen and approval this change would allow for both single family and multi - family development consistent with this policy, 2. How would the requested zone change be consistent with the property's classification on the Land uiassincation site is in an "Urban Mixed Use" land classification. Multi - family residential uses are preferred and high density single family is ved for single family projects in in this classification. The project includes open space and recreational areas consistent with classification. 3. What signiticant neighborhood changes have occurred to make the original zoning inappropriate, or how is ous plans for commercial development have not come fruition despite the current owner's attempt to develop the land the past 5 -7 years, 4. List proposed concimons ana restrictions tnat would mitigate the impacts of the proposed use(s). density proposed is substantially less that the maximum allowed for R -15 high density and additional open and recreational ce is provided. Page 3 of 5 04/14 Board of Commissioners - September 5, 2017 ITEM: 8 - 7 - 3 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (As Outlined in Section 71 of the New Hanover County Zoning Ordinance) The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements (please use additional pages if necessary). The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. Planning Staff, the Planning Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed Special Use Permit meets the following requirements., 1, The Board must find "that the use will not materially endanger the public health or safety if located where ea ana aeveiopea accoratng to the plan as submitted and approved." Fhe project would be accessed by Gordon Road, a public right of way maintained by the NC DOT. Water and Sewer will be provided from the CFPUA system. Permitting by all State and County agencies will be required at the onset of constructions. 2. The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. e project will have direct access to Gordon Road an existing major arterial roadway, Public sewer and water service will be )vided. Storm -water management for both quality and quantity control is proposed. Impervious coverage is less than the iximum of 40%. The CAMA land classification is Urban Mixed use which provides for multi - family and single family residential, 3, l he t?ioard must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." he project is proposed along a corridor where a variety of single family and multi- family housing already exists. The property is adjacent to (i) undeveloped land to the south buffered by adequate open space (ii) undeveloped land to the east currently zoned R -75 and (iii) College Road and Gordon Road, The single family and multiply family will provide adequate buffering and updated materials to add to the quality of the project and assure no adverse impact to the property value of adjacent owners. 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 contormAy with the plan of development for New Hanover County." The location of the project adheres to the land use planning policies for optimum efficiency in land utilization an public service delivery. It is located with easy access to the interstate and downtown Wilmington. The policies for growth and development encourage safe and affordable housing to be available to every citizen. Approval of this property for high density would be consistent with that policy. Page 4 cf 5 04/14 Board of Commissioners - September 5, 2017 ITEM: 8 - 7 - 4 Section 72 of the Zoning Ordinance provides additional requirements for the following Special Use Permits. Please supplement your application with all necessary material to meet any additional requirements if your use is any of the following: • Cemetery • Convenience Food Store • Hospital or Nursing and Personal Care Facilities • Private Club or Lodge and Fraternal and Social Organizations • Sanitary Landfill • Travel Trailer Park • FamiIy 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 Cormnercial Districts • Bed and Breakfast Inn • Electronic Gaming Operation • Farmers Market or Produce Stands in Residential Zoning Districts • Mining • High Density Development • Senior Living Options If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Use District zoning for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. Signature of Petitioner and /or Property Owner Page 5of5 A. A. rovu, A�• -�1" Print Name 04/14 Board of Commissioners - September 5, 2017 ITEM: 8 - 7 - 5 `VAIN � Y • ii Yl �] NEW RANOVER. COUNTY PLANNING & INSPECTIONS ,AI UTHORITY FOR APPOINTMENT OF AGENT t'r nt f crnv . 230 Goveenmcnt (Icn,Cr Drive Suite 110 Wilmington, NC 28403 910.7984165 phoric 910- 796.7053 fax www,nbcgov.con) Please note that for quasi-judicial prnce dings, either the, fand owner or all attorney must be Present for the case at the public 4gariag. 'Flit ttridarsigned owner does hereby appoint an authorized the, agsvit :[es0ri1aed hcmin as their exciusivc agent for the Pu�oSC of potitioning i�'cw Hanover County for a variance, special use permit, iveoning request, andlor 811 appeal of Slpit' decisions applicablc to the property described in tho attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the requirad suppicmctrtel information and materials 2, Appeal at public meetings to give reprerentativn and commitments on behall'of the property owner 3. Act on the property owner's hchalf without 51-nilations with regaid to any and rill things directly er indirectly ciinncctcd with or Arising alit of any petition applicable to the View Hanover County Zoning Ordinance. This document was willfully executed an the 4 day of. 3VLr 20F) I i�£ IAw _ r 0 Owner igi,awte CoC 0 Wrier 2 Signature 09114 Board of Commissioners - September 5, 2017 ITEM: 8 - 7 - 6 Conditional Use Zoning District Narrative "The Landing at Lewis Creek Estates" The proposal is to develop 236 single- family units and 192 multi - family units on 5 tracts of land totaling approximately 86 acres located off of Gordon Road. The current zoning for the total acreage is B -2 and 0 &I. The proposed development would rezone the property to R -15 high density and requires a conditional use zoning district and special use permit. The applicant's site plan and application provide additional details on the proposed development. Board of Commissioners - September 5, 2017 ITEM: 8 - 7 - 7 PROPERTY DESCRIPTION — LEWIS FAMILY TRACT LLC COMMENCING AT A POINT AT THE INTERSECTION OF GORDON ROAD (60 FOOT RIGHT -OF -WAY) AND BLOUNT DRIVE (S.R. 1396); THENCE N 72° 03' W, 352.04 FEET TO A POINT IN THE CENTERLINE OF SAID GORDON ROAD; THENCE S 17° 59'45'W, 30.0 FEET TO A POINT IN THE SOUTHERN RIGHT -OF -WAY OF SAID GORDON ROAD; THENCE WITH THE RIGHT -OF -WAY OF SAID GORDON ROAD S 72° 03' E, 278.61 FEET TO THE POINT OF BEGINNING; THENCE S 17° 59'45" W, 1570.82 FEET TO A POINT; THENCE S 75° 50' 30" E, 279.89 FEET TOA POINT; THENCE S 17° 59'45" W, 1678.71 FEET TO A POINT IN THE CENTERLINE OF THE RUN OF BIG GUM BRANCH (PASSING THRU A POINT AT 1661.51 FET); THENCE WITH THE RUN OF SAID BRANCH N 66° 59'W, 13.07 FEET; THENCE N 52° 16' W, 132.84 FEET; THENCE N 30° 13'W, 152.0 FEET; THENCE N 39° 09'W, 124.72 FEET; THENCE N 33° 52'W, 235.27 FEET; THENCE N 59° 55'W, 163.35 FEET; THENCE N 52° 02' W, 139.97 FEET; THENCE N 27° 21' 30" W, 169.28 FEET; THENCE N 45° 40' 30" W, 140.82 FEET; THENCE N 68° 27' 30" W, 110.17 FEET; THENCE N 62° 41'W, 161.74 FEET; THENCE N 75° 46' W, 90.93 FEET; THENCE N 54° 34' 30" W, 194.59 FEET; THENCE N 76° 24'W, 26.81 FEET TO A POINT IN THE EASTERN RIGHT -OF -WAY LINE OF NC HIGHWAY #132 (200 FOOT RIGHT -OF -WAY); THENCE WITH SAID RIGHT -OF -WAY LINE N 12° 25' 15" E, 515.88 FEET TO A POINT (PASSING THRU A POINT AT 15.0 FEET); THENCE CONTINUING WITH SAID RIGHT -OF -WAY N 12° 25' 15" E, 810.64 FEET; THENCE 68° 37' 15" E, 882.65 FEET TO A POINT; THENCE 17° 58' 30" E, 238.0 FEET TOA POINT; THENCE S 71° 31' 30" E, 105.0 FEET TO A POINT; THENCE N 17° 58'30" E, 406.88 FEET TO A POINT IN THE SOUTHERN RIGHT -OF -WAY OF SAID GORDON ROAD; THENCE WITH SAID SOUTHERN RIGHT -OF -WAY A DISTANCE OF 714.37 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION BEING THE COMBINATION OF THOSE CERTAIN TRACTS OR PARCELS AS DESCRIBED IN DEED BOOKS AND PAGES 1150/471,1304/1320 AND 1299/664 (RECORDS OF NEW HANOVER COUNTY, STATE OF NORTH CAROLINA), AND CONTAINING A COMBINED AREA OF 86.21 ACRES (MORE OR LESS) AS DESCRIBED. Board of Commissioners - September 5, 2017 ITEM: 8 - 7 - 8 ITEM: 8 - 7 - 9 N_ O n� IN >> 00 mm O o no 00 41.t 1 C C � 3 O Z 0 CJ O_ N (D O O co N N cn ITEM: 8 - 7 - 9 N_ O n� >> 00 mm O o no 00 C C � 3 O Z 0 CJ O_ N (T O co O N Cn � C) CD O � O a 7S' S n L G) n o 3 Tcn m z nN ITEM: 8 - 7 - 9 N_ O n� REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER ZONING ORDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 4702, 4706, 4714 & 4718 Gordon Road Proposed Zoning: R -15 High Density 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 May 26, 2017. A copy of the written notice is also attached. The meeting was held at the following time and place: June 8, 2017 6:00 p.m. to 7:00 p.m. at the Hilton Garden Inn at Mayfaire located at 6745 Rock Spring Road, Wilmington The persons in attendance at the meeting were: See attached sign -in list. The following issues were discussed at the meeting: A brief introduction was made explaining the proposed development for single and multi - family development and large -scale site plan was made available for review. The following items were discussed at the meeting: 1. What will be size and price of the homes? The size and price of the homes were not available at the meeting however the applicant did refer those in attendance to other projects of the applicant both in New Hanover county and elsewhere to confirm applicant's quality of work and general price points for homes on similar lots. 2. Several questions were asked regarding proposed regarding traffic on Gordon Road. Applicant was unable to answer many of the questions definitively as the TIA was still in process. Applicant did discuss at length that the TIA would require the NCDOT's recommendations /requirements as to access requirement and traffic related matters. A discussion was also had as to the current zoning of B -2 and potential impact of a more intensive use under the current zoning. 3. Several questions were asked regarding what actions the applicant would take to ensure that any environmental concerns were addressed including preservation of tress, wetlands and treatment of stormwater on site? As to tree preservation, applicant indicated that they understood the current owner (not the applicant) had previously acquired a permit to log the property and any significant trees would have been removed at that time. As to wetlands, the applicant identified those general areas identified as 404 wetlands based on the site plan. As to stormwater, applicant went in great detail to explain the DEQ's requirement for 100% of the stormwater to be treated on -site. Board of Commissioners - September 5, 2017 ITEM: 8 - 7 - 10 4. A question was posed by a concerned citizen after the meeting regarding the name of the proposed development. Applicant understood their concern and agreed to change the name. As a result of the meeting, the following changes were made to the rezoning petition: The name of the proposed development was changed to "The Landing at Lewis Creek Estates ". Date: g l7 Applicant: I ant By: Sbr: )P -Wk.•. , N Board of Commissioners - September 5, 2017 ITEM: 8 - 7 - 11 LeeLAwFwm PLILC May 26, 2017 To: Adjacent Property Owners From: Robbie B. Parker RE: Notice to Interested Parties of Community Meeting — The Landing at Lewis Plantation The purpose of this meeting is to cover the proposed conditional zoning district, special use permit and /or re- zoning of 5 parcels of land located at 4702, 4706, 4714, 4718 Gordon Road, Wilmington, North Carolina from B -2 and 0&1 to R -15 High Density providing for 236 single family lots and 192 multi - family units. An exhibit of the plan layout and surrounding area 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 Thursday, June 8, 2017 at the Hilton Garden Inn at Mayfaire, 6745 Rock Spring Road, 6:00- 7:00p.m. If you cannot attend, you are also welcome to contact me at telephone (910) 399 -3447, or email at Robbie @leelawfirm.com 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. Enclosure 3414 Wrightsville Avenue I Post Office Box 4548 (28406) Wilmington, NC 28403 O: 910.399.3447 — P: 910.338.9162 www.LeeLa" F irm.com I Attorneys and Counselors at Law Board of Commissioners - September 5, 2017 ITEM: 8 -7-12 Z 0 Q I-- Z W Q 0 7 APP L J O L (n Q U Z� Z>- O r�l < U C _Z J r) z N n MZ _ 3 yy sum °d SY p,�e e8 isd °9 W Q 0 7 APP L J O L (n Q U Z� Z>- O r�l < U C _Z J r) z W Q 0 1 1 J J 0 Q O W 0 N O Z L) a a Z Ln Z O z r U 3 rN V N �? o d o p I _ z j III 5I i ° e g W U x r W n ap Z v i p j J r Board of Commissioners - September 5, 2017 ITEM: 8 -7-13 3 APP L 1 1 J J 0 Q O W 0 N O Z L) a a Z Ln Z O z r U 3 rN V N �? o d o p I _ z j III 5I i ° e g W U x r W n ap Z v i p j J r Board of Commissioners - September 5, 2017 ITEM: 8 -7-13 3 _. �_- I Imo- -- � = :J • � � ', i �_ - IIII Y F � 11 _ i { Board of Commissioners - September 5, 2017 ITEM: 8 -7-14 ' "" "s< aases��oaQ "sa <aa e "s 1 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 o o ° o o° °12 m m � a Zl 9,'8 As a g ° �0000u a� 000m 000° ou au o z �a o�N o� ou ou � oaa .ao o 0000a000000w�o u ° ° 5 o oo °m 0000000°o° oo v 3 0 0 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 r 3 3 3 0 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 0 3 3 3 3 3 9 z o 0 z o w o 0 ¢ a zo- o u i? o o z°o s o u p °° G N Q e o> 3 G m° ,�, ° i G a z o o a a w a Q z a° o 8 o. i w e o Y n' o o z Mf o N° o x z m o 0 0 0 o Q o ' .. ate°- °-- °o- .---- °- ° ° °m.. - m $ m m° m M M m ° ° °° M ° m m m m m M m m m m m m m m 88888888888 °8000 °888888Soo8888888888888858 °888° °88888 �iaN pia8 ag �mmmm °mmmmmmmmm °mmmmmMmmmmm mmmmmmm MMmMm mmmmmmmm °m °° °mmm ° ° °mmmmmmmmmmmmmmMmmmM° mmm lu G o lu 3 0 3 '" - �_ i p- -- o° a a 3 w W °& J a - Q 3 ='= J¢` Q i a - z ° D T o °a°$°° 8S4h66.6 d, 8888880888888888888888880 0�0 0 �.�.� 880 o8o oggqo o88oSo 888888888888888888888° 088 MoSao° 888 88888 _0880 44880 ° °a °a° A o88 o8o SSS S88S88SSS8SSSSS888oSo Board of Commissioners - September 5, 2017 ITEM: 8 -7-15 I COMMUNITY MEETING SIGN-IN SHEET I The Landing at Lewis Plantation I Meeting Date: June 8, 2017 Place/Room: Hilton Garden Inn - Mayfaire Name Address E-Mail (optional) 17 6 vx Rl 4, kv\ �A ft q,) Page 1 of 5 Board of Commissioners - September 5, 2017 ITEM: 8 -7-16 ji T NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT � HIGH DENSITYAPPLICA TION FOR TRC REVIEW APPLICATION # 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910- 798 -7053 fax www.nhcRov.com Petitioner Information Property Owner(s) Subject Property If tfijjBrent than Petitioner Name Owner Name Address i Robbie B. Parker The Lewis Family Tract, LLC 4718 and other Gordons Rd Company Owner Name 2 Parcel ID 144160 "01-Om -0w Lee Law Firm PLLC McAdams Homes,LLC (by contract) 12s4ivY'op4- CI) -puu F.Nlw'O0i Alwo to at _ ry -su+ NJsJ- Address Address Acreage 3414 Wrightsville Avenue 6626 -C Gordon Road 85.19 +/- acres City, State, Zip City, State, Zip Existing Zoning and Use Wilmington NC 28403 Wilmington NC 28405 B -2 & 0&1 Phone Phone Proposed Zoning and Use 910 -399 -3447 R -15 Single & Multi- family Email Email Land Classification robbie@leelawfirm.com R -15 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. _79�V___ /CSC +t h. /0.", t /Ic Signature of Petitioner or Property Owner Print Name HD 4/10 Board of Commissioners - September 5, 2017 ITEM: 8 -7-17 OR _ova 02 q 15- -OW NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT HIGH DENSITY CHECKLIST & DENSITY CALCULATIONS Site Plan Requirements ❑ Scale no smaller than one inch to two hundred feet ❑ Vicinity or location map ❑ Name of designer, engineer, or surveyor ❑ North arrow and date ❑ Owner's name, address, and phone number on plan ❑ Developer (if other than owner) and development name ❑ Boundary line of tract to be developed drawn accurately to scale with linear and angular dimensions ❑ Total gross acres in tract ❑ Total acres occupied by all structures including street right -of -way and parking areas ❑ Total acres & boundaries of land lying within the 100 -year flood plain and below mean high water mark, plus delineation of 100 -year flood boundary ❑ Boundaries of all open space areas ❑ Location of all existing and proposed structures ❑ Total number of dwelling units to be constructed with number of bedrooms per unit and location of all multiple dwelling units ❑ Location of right -of -way widths of all streets and easements (and other areas to be dedicated to public use) ❑ Location and width of all streets; plus names and designation ❑ Location and description of all recreational areas and facilities ❑ Location of natural features including topographical information (contour interval 2 feet), watercourses, approximate forest lines and topo source ❑ Location and size of all proposed utility and drainage facilities High Density Regulations ❑ Areas to be maintained by Homeowners Association clearly indicated on plan ❑ Physical Access to open space by all residents ❑ No economic restrictions on users ❑ Direct access to minor or major arterial ❑ Required buffer yards shown on site plan ❑ Compliance with Impervious Surface Ratio ❑ Compliance with Table of District Improvements (water, sewer, storm drainage, curb and gutter) ❑ Site in transition area ❑ Setbacks ❑ Parking complies with Article VIII of Zoning Ordinance ❑ Drainage plan approved ❑ Water supply /sewage disposal capacity approved ❑ Schedule for completion of improvements ❑ Conservation resources identified F Air Quality/Complex Source Permit ❑ Approximate location of 404 Wetlands & Section 10 Wetlands Subdivision Requirements: The following items must be shown on plan. ❑ Unduplicated development and street names ❑Names and locations of adjoining subdivisions, streets, adjacent property owners ❑ Roadway cross - section and drainage design ❑ Lot lines, lot numbers, and setback lines ❑ Location of Areas of Environmental Concern ❑ Block lengths greater than 400' but less than 1000' ❑ Blocks to have 2 tiers Page I of 2 HDC 05/10 Board of Commissioners - September 5, 2017 ITEM: 8 -7-18 Cul -de -sacs less than 500' Drainage easements not less than 30' in width Utility easements at least 15' Street intersect not less than 800' apart Street jogs are more than 200' Side lot lines substantially at right angles or radical to street lines Connections to adjacent streets (Street inter - connectivity) Significant tree survey TIA (100 peak hour trips or more) Water/ Sewer Capacity Letters Streetlights Fire hydrant and locations Sidewalks & Pedestrian easements Double frontage lots shall be avoided DENSITY CALCULATIONS To Calculate the Base Site Area Gross Site Area Less: • Land used as open space in prior residential development • Land used for commercial, office and institutional, and light industrial purposes in the Planned Development District • Water bodies and areas below mean water line if tidally or non - tidally influenced • Previously approved open space Equal Base Site Area Density Allowance Base Site Area District Density Factor R- 10 =17; R -15 =10.2; R -20 =4.25, 0&I =10.2 PD Inside Urban Transition --4.25 PD Outside Urban Transition =2.5 Equals Number of Units Permitted on Site Page 2 of 2 Board of Commissioners - September 5, 2017 ITEM: 8 -7-19 85.19 acres /sq ft - 0 acres /sq ft - 0 acres /sq ft - 0 acres /sq ft 17.44 acres /sq ft = 67. 75 acres /sq ft 2951295 acres /sq ft x 10.2 = 691 HDC 05 /10 zaaa 15"11 ANNIVERSARY 20,r TP\ANSP0P\TAT10N IMPACT Project Number: 170224 A N A L Y S I S.. Revision: . July 28; Zo;� yi Aid I Prepared for Adam Sosne The Landing at Lewis Creek Estates New Hanover C o u n f�; , , This report is printed on rac; sled paper with 30% post - consumer content, �4M '� p'lpoi i; F` - 0--rtified. The entire document, including binding, is 100% recyclable, DAVENPORT Transportation Impact Analysis Revision The Landing at Lewis Creek Estates New Hanover County, NC Prepared for Adam Sosne July 28, 2017 Analysis by: Cory Steiss, El Drafting /Graphics by; Cory Steiss, El Reviewed by: Dan Cumbo, P.E. Nick Liquori, P.E. •.tirr�l��a�f f SE L 04 r2 _ R. L � ,. +`�••� Sealed by: Nick Liguori; P.E. This report is printed on recycled paper with 30% post- consumer content. 4.,.r All paper is FSC Certified. The entire document, including binding, is 100% recyclable. This document, together with the concepts and designs presented herein, is intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. Home Office: 305 \ \t:t I ()uith tihcct, tiwtc? \ Survin, the Smithcist;incc 200Y? \ \in >t')n- Salun.A(' 2,101 \lain: 336 -44 1636:1 aiv 336 458 913bard of Commissioners - September 5, 2017 ITEM: 8 - 8 - 2 �J DAVENPORT The Landing at Lewis Creek Estates — Transportation Impact Analysis Prepared for Adam Sosne New Hanover County, NC July 28, 2017 Table of Contents 1.0 Introduction .............................................................................. ............................... 2 Figure1 — Site Plan ...................................................................... ............................... 3 Figure 2A — Site Location Map ..................................................... ............................... 4 Figure2B — Vicinity Map ............................................................... ............................... 5 2.0 Existing Conditions ................................................................. ............................... 6 2.1 Inventory ................................................................................. ............................... 6 2.2 Existing Traffic Volumes ......................................................... ............................... 6 Figure 3 — Existing Lane Geometry .............................................. ............................... 7 Figure 4 — 2017 Existing Traffic Volumes ..................................... ............................... 8 3.0 Approved Developments and Committed Improvements .... ............................... 9 3.1 Approved Developments ......................................................... ............................... 9 3.2 Committed Improvements ....................................................... ............................... 9 4.0 Methodology ............................................................................ ............................... 9 4.1 Base Assumptions and Standards .......................................... ............................... 9 4.2 Trip Generation ....................................................................... ............................... 9 4.3 Trip Distribution ..................................................................... ............................... 10 4.4 Future No Build Traffic .......................................................... ............................... 10 4.5 Total Traffic ........................................................................... ............................... 10 Figure 5 — Primary Trip Distribution ............................................ ............................... 11 Figure 6 — 2021 Future No Build Volumes .................................. ............................... 12 Figure 7 — Primary Site Trips ...................................................... ............................... 13 Figure 8 — 2021 Future Build Volumes ....................................... ............................... 14 5.0 Capacity Analysis .................................................................. ............................... 15 5.1 Level of Service Evaluation Criteria ...................................... ............................... 15 5.2 Level of Service Results ....................................................... ............................... 16 5.3 Level of Service Summary .................................................... ............................... 17 Figure 9 — Recommended Improvements ................................... ............................... 20 6.0 Signal Warrant Analysis ....................................................... ............................... 21 7.0 Summary and Conclusion .................................................... ............................... 22 Appendix....................................................................................... ............................... 23 Levelof Service Analysis ........................................................ ............................... 24 TripGeneration ....................................................................... ............................... 28 TrafficVolume Data ................................................................ ............................... 29 Supporting Documentation ...................................................... ............................... 30 07/28/2017 170224 The Landing at Lewis Creek Estates — Transportation Impact Analysis Board of Commissioners - September 5, 2017 ITEM: 8 - 8 - 3 �J DAVENPORT The Landing at Lewis Creek Estates — Transportation Impact Analysis Prepared for Adam Sosne New Hanover County, NC July 28, 2017 1.0 Introduction The proposed Landing at Lewis Creek Estates Subdivision is to be located south of Gordon Road and east of 1 -40 in New Hanover County, North Carolina. The development is planned to consist of 236 single family homes and 192 apartments. The development will utilize one (1) access point on Gordon Road. Figure 1 presents the preliminary site plan. Figures 2A and 2B show the site location map and vicinity map, respectively. DAVENPORT was retained to determine the potential traffic impacts of this development and to identify transportation improvements that may be required to accommodate the impacts of both background traffic and new development traffic. The following intersections were included in the study: • Gordon Road and NC 132 (N. College Road) /1 -40 Eastbound Ramps • Gordon Road and 1 -40 Westbound Ramps • Gordon Road and Blount Drive /Site Access The above - mentioned intersections were analyzed for the following scenarios: • 2017 Existing Conditions • 2021 Future No Build Conditions • 2021 Future Build -Out Conditions 2021 Future Build -Out with Improvements (as necessary) The build -out analysis year for this project was assumed to be 2021. The AM (7 am — 9 am) and PM (4 pm — 6 pm) weekday peaks were studied. The North Carolina Department of Transportation (NCDOT), WMPO, and County were contacted to obtain background information and to ascertain the elements to be covered in this Transportation Impact Analysis (TIA). Information regarding the property was provided by Adam Sosne and GSP Consulting, PLLC. 07/28/2017 170224 The Landing at Lewis Creek Estates — Transportation Impact Analysis 2 Board of Commissioners - September 5, 2017 ITEM: 8 - 8 - 4 URIN I I 0 -LLL11_ I _L1 LLB' - Tpr� -T7T_r (T7 -T- - [7 -1-T' = i---- TT -TTT r -r-T I Ali - T - - -T -T IL �l k,. FIGURE 1 SITE PLAN I FIGURE 2A SITE INDICATOR SITE LOCATION MAP rr, IF - ' r . FIGURE 2B VICINITY MAP Board of Commissioners - September 5, 2017 al - ■ kw STUDY INTERSECTIONS BACKGROUND PROPOSED IIIIII,M) DAVENPORT 2.0 Existing Conditions 2.1 Inventory A field investigation was conducted by DAVENPORT staff to determine the existing roadway conditions in the study area. Table 2.1 presents a summary of this review. Figure 3 illustrates the existing lane geometry. 2.2 Existing Traffic Volumes Existing traffic volumes for this project were collected by DAVENPORT staff. Table 2.2 below contains the dates these counts were conducted. Schools were in session at the time of traffic counts. Figure 4 shows existing AM and PM peak hour volumes for 2017. The full reports for these volumes can be found in the appendix. Table 2.2 - Traffic Volume Data Table 2.1 - Street Inventory Date By- Facility Name Route # Typical Cross Pavement Width Speed Maintained 1 -40 Eastbound Ramps Section Gordon Road and 1 -40 Westbound Ramps Limit By Gordon Road and Blount Drive 5/18/2017 Varies between 2 -lane undivided with Gordon Road SR 2048 TWLTL, Approx. 24' -66' 45 MPH NCDOT 4 -lane divided, and 2 -lane undivided Varies between 4 -lane N. College Road NC 132 undivided, Approx. 54' -60' 45 MPH NCDOT and 3 -lane dividided Blount Drive SR 2135 2 -lane undivided Approx. 20' Not Posted NCDOT 2.2 Existing Traffic Volumes Existing traffic volumes for this project were collected by DAVENPORT staff. Table 2.2 below contains the dates these counts were conducted. Schools were in session at the time of traffic counts. Figure 4 shows existing AM and PM peak hour volumes for 2017. The full reports for these volumes can be found in the appendix. Table 2.2 - Traffic Volume Data Count Location: Date By- Taken: Gordon Road and NC 132 (N. College Road)/ 5/23/2017 DAVENPORT 1 -40 Eastbound Ramps Gordon Road and 1 -40 Westbound Ramps 5/18/2017 DAVENPORT Gordon Road and Blount Drive 5/18/2017 DAVENPORT 07/28/2017 170224 The Landing at Lewis Creek Estates — Transportation Impact Analysis 6 Board of Commissioners - September 5, 2017 ITEM: 8 - 8 - 8 N i 870' i 1,100' i SPEED LIMIT IMIT [�7 45 OPEED Z n w N w- o 4�- ° L FULL c SPEED 225' LIMIT 5,600 AADT 45 roq� CA 175' * ** NOT TO SCALE * ** Z n w 1 -40 EB ^' Off Ramp SPEED I FEED LIMIT 45 IMIT 55 Board of Commissioners - September 5, 2017 ITEM: 8 - 8 - 9 a A, 150' 1 MERGE LANE 250' V This document, together with the concepts and designs presented herein, is intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. 1 23,000 AADT I .. =. O m rt 0 SIGNALIZED 0 0 INTERSECTION . UNSIGNALIZED INTERSECTION ROADWAY y TRAFFIC MOVEMENT BLACK = EXISTING GREY = UNANALYZED BLUE= PROPOSED Gordon SPEED LIMIT Road 45 Board of Commissioners - September 5, 2017 ITEM: 8 - 8 - 10 � SIGNALIZED PROPOSED O INTERSECTION 0 • l.1NSIGNALIZED INTERSECTION N ROADWAY r. �► TRAFFIC MOVEMENT o Z i5 n to BLACK = EXISTING w N p W o GREY = UNANALYZED o < M BLUE= A V N i .p O * 479/310 N O l 366 / 159 L 240/284 °' ° L 0/2 �1 I. 302/152 � 1024/698 � ~ 4� 1285 / 848 O Gordon J O 0 87 / 126 1 1 Road 36/53 4/5 143 / 313 4 j* 736 / 805 �► 876 / 979 �► 35/19 o PI-) o wc A ° w ° w w ° � rn w Q- 2 n 1 -40 EB ♦ cc Off Ramp C w N FIGURE 4 0 >y 2017 EXISTING TRAFFIC VOLUMES THE LANDING AT LEWIS CREEK ESTATES This document, together with the concepts and designs presented herein, is PROJECT NUMBER 170224 intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to * ** NOT TO SCALE ""* DAVENPORT and shall be a violation of the agreement between DAVENPORT S ► r and the client. Board of Commissioners - September 5, 2017 ITEM: 8 - 8 - 10 PROPOSED IIIll,V) DAVENPORT 3.OApproved Developments and Committed Improvements 3.1 Approved Developments Approved developments are developments that have been recently approved in the area, but not yet constructed. Per NCDOT staff, there is one (1) approved development in the vicinity of this project. This is the Gordon Road Buy and Go development. This development consists of a fueling station with 12 vehicle fueling positions and a 24,800 square foot boat storage center. Site Trips for this approved development were applied based on the TIA for this development. More information can be found in the appendix. 3.2 Committed Improvements Committed Improvements are improvements that are planned by NCDOT, a local municipality, or a developer in the area, but not yet constructed. Per NCDOT staff, there is one (1) committed improvement in the vicinity of this project. The above mentioned approved development will construct a westbound right turn lane with approximately 500 feet of storage at the Gordon Road and 1 -40 Westbound Ramps intersection. This improvement was incorporated into all future scenarios. More information can be found in the appendix. 4.0 Methodology 4.1 Base Assumptions and Standards In general, the analysis for this project was conducted utilizing commonly accepted NCDOT standards. The following table contains a summary of the base assumptions- Table - - Peak Hour Factor 0.90 Background Traffic Annual Growth Rate 0.5% per year for all roadways Base Signal Timing /Phasing Provided by NCDOT Analysis Software Synch ro/Si mTraffic Version 9.0 Lane widths 12 -feet Truck percentages 2% 4.2 Trip Generation The proposed development will consist of 236 single family homes and 192 apartment dwelling units. The development will utilize one (1) access point on Gordon Road. The projected trip generation potential of the current land use was computed using TripGen 2013 software, based on the 91" Edition of ITE Trip Generation Manual. Tables 4.2 contains the results. 07/28/2017 170224 The Landing at Lewis Creek Estates — Transportation Impact Analysis 9 Board of Commissioners - September 5, 2017 ITEM: 8 - 8 - 11 Q DAVENPORT 4.3 Trip Distribution Site trips for this proposed development were distributed based on the existing traffic patterns and engineering judgment. The directional distributions for the primary site trips are as follows: • 25% to and from the east on Gordon Road • 25% to and from the north on NC 132 (N. College Road) • 20% to and from the west on Gordon Road • 20% to and from the east on 1 -40 • 10% to and from the west on 1 -40 The site trip distribution is shown in Figure 5. 4.4 Future No Build Traffic The 2021 future no build traffic volumes were computed by applying a 0.5% compounded annual growth rate to the 2017 existing traffic volumes and adding all approved development trips. Figure 6 shows the 2021 future no build traffic volumes for AM and PM peaks. 4.5 Total Traffic The 2021 build -out traffic volumes were obtained by summing 2021 future no build volumes and site trips due to the proposed project. Site trips are shown in Figure 7. The resulting build volume totals for AM and PM peaks are shown in Figure 8. More information can be found in the Traffic Volume Data section of the appendix 07/28/2017 170224 The Landing at Lewis Creek Estates — Transportation Impact Analysis 10 Board of Commissioners - September 5, 2017 ITEM: 8 -8-12 Table 4.2 - ITE Trip Generation The Landing at Lewis Creek Estates 24 Hour AM Peak PM Peak Average Weekday Driveway Volumes Hour Hour Two- Way ITE Tv Land Use Land Size d Volume Enter Exit Enter Exit Code Single Dwelling Adjacent/ Family 210 236 Units Rate 2,247 44 133 149 87 Home Apartments 220 192 Dwelling Adjacent/ 1,287 20 78 80 43 Units Rate Total Site Trips 3,534 64 211 229 130 4.3 Trip Distribution Site trips for this proposed development were distributed based on the existing traffic patterns and engineering judgment. The directional distributions for the primary site trips are as follows: • 25% to and from the east on Gordon Road • 25% to and from the north on NC 132 (N. College Road) • 20% to and from the west on Gordon Road • 20% to and from the east on 1 -40 • 10% to and from the west on 1 -40 The site trip distribution is shown in Figure 5. 4.4 Future No Build Traffic The 2021 future no build traffic volumes were computed by applying a 0.5% compounded annual growth rate to the 2017 existing traffic volumes and adding all approved development trips. Figure 6 shows the 2021 future no build traffic volumes for AM and PM peaks. 4.5 Total Traffic The 2021 build -out traffic volumes were obtained by summing 2021 future no build volumes and site trips due to the proposed project. Site trips are shown in Figure 7. The resulting build volume totals for AM and PM peaks are shown in Figure 8. More information can be found in the Traffic Volume Data section of the appendix 07/28/2017 170224 The Landing at Lewis Creek Estates — Transportation Impact Analysis 10 Board of Commissioners - September 5, 2017 ITEM: 8 -8-12 � SIGNALIZED � INTERSECTION 0 . UNSIGNALIZED INTERSECTION ROADWAY y TRAFFIC MOVEMENT BLACK = EXISTING GREY = UNANALYZED BLUE DESTINATION � NODE Board of Commissioners - September 5, 2017 ITEM: 8 -8-13 A �, , N O Z lD i-i coo w v W N o = Q < _ >v m O �O �d N C L 25% OUT _° Z 20% OUT L 10% OUT �► r 20% OUT 4— 65% OUT r 25% IN 0 Gordon �,� 0 0 55% IN 75% IN Road ' 20% IN llo �► 4 O 8-1 N O V N 0 0 z z O O a ° Z 1 -40 EB p m cQ Off Ramp 0 (n ° w N m C FIGURE O N . ■ 0 DISTRIBUTION THE LANDING AT LEWIS CREEK ESTATES This document, together with the concepts and designs presented herein, is PROJECT NUMBER 170224 intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to * ** NOT TO SCALE * ** DAVENPORT and shall be a violation of the agreement between DAVENPORT 1 . Loa and the client. � SIGNALIZED � INTERSECTION 0 . UNSIGNALIZED INTERSECTION ROADWAY y TRAFFIC MOVEMENT BLACK = EXISTING GREY = UNANALYZED BLUE DESTINATION � NODE Board of Commissioners - September 5, 2017 ITEM: 8 -8-13 � SIGNALIZED PROPOSED O INTERSECTION 0 • l.1NSIGNALIZED INTERSECTION N ROADWAY r. �► TRAFFIC MOVEMENT o Z i5 n to BLACK = EXISTING w N p W o GREY = UNANALYZED o < M BLUE= �O 0 A � 4 V � N � A L 510 / 342 N ° � 387 /179 L 259 / 307 °' ° L 0/2 1 r 322/172 1101/780 � ~ �� 1355/916 O Gordon 1 0 0 89 / 129 1 1 Road 37/54 4/5 153/328 780 / 856 �► 901 / 1007 �► 36/19 N o ° w ° � 30� V CS 5b 2 n 1 -40 EB cc Off Ramp C w N o • • VOLUMES BUILD THE LANDING AT LEWIS CREEK ESTATES This document, together with the concepts and designs presented herein, is PROJECT NUMBER 170224 intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to * ** NOT TO SCALE ""* DAVENPORT and shall be a violation of the agreement between DAVENPORT S ► r and the client. Board of Commissioners - September 5, 2017 ITEM: 8 -8-14 PROPOSED PROPOSED � SIGNALIZED O 0 INTERSECTION • l.1NSIGNALIZED INTERSECTION N ROADWAY r. �► TRAFFIC MOVEMENT o Z i5 n to BLACK = EXISTING w N p W GREY = UNANALYZED o o < M BLUE= �O 0 A O O V L 42/26 O O O / r 4. 42/26 53/33 L 21/13 ° ° ° 0/0 0/0 r 137/85 � 0 r 16/57 Gordon 0/0 1 O 0 0/0 1 0/0 Road 35/126 �► 13/46 —1 0/0 �► 0/0 � °_ o_ rn ° ° w 48/172 o o cn ° o N') C) ° (.0 w S�� Q 0 (n CD 2 n 1 -40 EB a, cc Off Ramp � w N FIGURE 7 SITE TRIPS THE LANDING AT LEWIS CREEK ESTATES This document, together with the concepts and designs presented herein, is PROJECT NUMBER 170224 intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to * ** NOT TO SCALE ""* DAVENPORT and shall be a violation of the agreement between DAVENPORT S ► r and the client. Board of Commissioners - September 5, 2017 ITEM: 8 -8-15 PROPOSED PROPOSED � SIGNALIZED O 0 INTERSECTION • l.1NSIGNALIZED INTERSECTION N ROADWAY r. �► TRAFFIC MOVEMENT o Z i5 n to BLACK = EXISTING w N p W GREY = UNANALYZED o o < M BLUE= �O 0 A V � Oho A (JJl L 552 / 368 N � � 1 4. 1 4. 430/205 375/205 L 280 / 320 rn ° ° 0/2 1355/916 r 4— 1238/865 ` 0 r 16/57 Gordon 37/54 1 0 0 89/129 1 4/5 1 t Road 815/982 �� h t �► 166 /374 —1 901/1007 36/19 N N w 48/172 � E. o 0 w W A p o Oo w 00 C> Cn C 2 n 1 -40 EB cc Off Ramp C w N o • 2021 FUTURE BUILD VOLUMES THE LANDING AT LEWIS CREEK ESTATES This document, together with the concepts and designs presented herein, is PROJECT NUMBER 170224 intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to * ** NOT TO SCALE ""* DAVENPORT and shall be a violation of the agreement between DAVENPORT S ► r and the client. Board of Commissioners - September 5, 2017 ITEM: 8 -8-16 PROPOSED O DAVENPORT 5.0 Capacity Analysis 5.1 Level of Service Evaluation Criteria The Transportation Research Board's Highway Capacity Manual (HCM) utilizes a term "level of service" to measure how traffic operates in intersections and on roadway segments. There are currently six levels of service ranging from A to F. Level of service "A" represents the best conditions and Level of Service "F" represents the worst. Synchro Traffic Modeling software was used to determine the level of service for studied intersections. Note for unsignalized intersection analysis, the level of service noted is for the worst approach of the intersection. This is typically the left turn movement for the side street approach, due to the number of opposing movements. All worksheet reports from the analyses can be found in the Appendix. Table Capacity Levels of Service and Control Delay Criteria Signalized Intersection Unsignalized Intersection Level of Service Control Delay Per vehicle (sec) Level of Service Delay Range (sec) A <_10 A <_10 B >10and < -20 B >10and < -15 C >20and < -35 C >15and < -25 D >35 and <55 D >25and <_35 E >55 and <_80 E >35and__ 50 F >80 F >50 07/28/2017 170224 The Landing at Lewis Creek Estates — Transportation Impact Analysis 15 Board of Commissioners - September 5, 2017 ITEM: 8 -8-17 k4w) DAVENPORT 5.2 Level of Service Results The results of the study are discussed by intersection below: Gordon Road and NC 132 (N. College Road) 11 -40 Eastbound Ramps This signalized intersection currently operates at LOS C in the AM and PM peaks. In 2021 future no build conditions, it is expected to operate at LOS E in the AM peak and LOS F in the PM peak. In 2021 future build conditions, it is expected to operate at LOS F in the AM and PM peaks. The following improvements are recommended: • Optimize signal timing • Increase the southbound left turn lane to 650 feet of storage with appropriate taper • Increase the westbound left turn lane to 400 feet of storage with appropriate taper While synchro analysis indicates the westbound left turn lane needs storage higher than the recommended 400 feet, roadway constraints do not allow for a longer turn lane. With improvements in place, this intersection is expected to operate at LOS D in the AM and PM peaks. It should be noted that for future conditions analysis, traffic modeling included protected only phasing for the traffic signal on all approaches which currently operate as protected permitted movements. This is required analysis methodology by review agencies, and why the LOS results change significantly from the existing to build conditions. Gordon Road and 1 -40 Westbound Ramps This unsignalized intersection currently operates at LOS C in the AM peak and LOS D in the PM peak. In 2021 future no build conditions, it is expected to operate at LOS C in the AM peak and LOS E in the PM peak. In 2021 future build conditions, it is expected to operate at LOS C in the AM peak and LOS F in the PM peak. The LOS E/F condition is typical for stop - controlled approaches onto major streets like Gordon Road, and the delay is expected to be short - lived. No improvements are recommended. Gordon Road and Blount Drive /Site Access This unsignalized intersection currently operates at LOS F in the AM peak and LOS E in the PM peak. In 2021 future no build conditions, it is expected to remain unchanged. In 2021 future build conditions, it is expected to operate at LOS F in the AM and PM peaks. A signal warrant analysis was performed for the intersection of Gordon Road and Blount Drive /Site Access which identified that a traffic signal is warranted. See section 6.0 for additional information. The following improvements are recommended: • Signalize the intersection 07/28/2017 170224 The Landing at Lewis Creek Estates — Transportation Impact Analysis 16 Board of Commissioners - September 5, 2017 ITEM: 8 -8-18 Q DAVENPORT • Provide a westbound left turn lane with 100 feet of storage and appropriate taper • Provide an eastbound right turn lane with 100 feet of storage and appropriate taper • Provide a northbound full left turn lane, along with a northbound full through -right lane that extends back to the first internal driveway • Design site access according to NCDOT standards With these improvements in place, LOS D is expected in the AM peak and LOS C in the PM peak. 5.3 Level of Service Summary Tables 5.2 - 5.4 present the summary of the level of service analysis. Table 5.2 - Gordon Road and NC 132 (N. College Road)/11-40 Eastbound Ramps Level of Service by .... (Delay in sec/veh) Scenario oun . .. Mill Southbound AM Peak Hour L T R L T R L T R L T R 2017 Existing C (25.4) C D D C C A B C B D C C (34.0) (41.5) (41.5) (27.4) (21.3) (9.8) (16.3) (33.2) (16.0) (37.1) (27.6) 27.6 D (40.3) B (18.1) C (22.6) C (31.5) L T R L I T R L T R L T R 2021 Future No E (76.4) C D D F C B D C B F C C Build (34.6) (42.9) (42.9) (129.3) (22.6) (11.1) (45.4) (32.8) (16.4) (296.1) (31.4) (31.4) D (41.5) D (46.0) C (27.5) F (139.7) L T R L I T R L T R L T R 2021 Future Build F (91.6) C D D F C B D C B F C C (34.1) (42.2) (42.2) (208.3) (23.7) (11.8) (46.8) (33.6) (17.3) (331.9) (32.3) 32.3 D (41.0) E (69.9) C (28.3) F (157.5) L T R L T R L T R L T R 2021 Future Build D E E F C A E E C F C C with Improvements D (45.4) (49.2) (68.0) (68.0) (87.8) (28.4) (7.0) (64.1) (64.8) (24.8) (80.3) (32.4) ( 32.4 E (65.1) C (36.1) D (46.2) D (52.4) L T R PM Peak Hour L T R L T R 2017 Existing C (27.7) C C c B D C D C C (26.9) (35.0) (35.0) (16.2) (36.8) (22.9) (44.3) (30.6) 30.6 C (33.9) 7(10.6) C (26.9) TAD D (35.9) L T R L T R L T R 2021 Future No F (84 9) C D D E D C F C C Build (27.6) (37.3) (37.3) (55.1) (14.4) (6.6) (46.1) (36.8) (22.8) (359.9) (31.4) 31.4 D (36.0) C (20.6) C (28.9) F (160.9) L T R L I T R L T R L T R 2021 Future Build F (107.3) C (27.8) D (41.7) D (41.7) E (67.4) B (14.7) A (6.8) D (46.1) D (36.8) C (23.6) F (460.7) C (31.4) C 31.4 D (40.1) C (24.9) C (28.9) F (214.1) L T R L T R L T R L T R 2021 Future Build D E E F C A D D D E C C with Improvements D (44.5) (35.5) (71.6) (71.6) (97.6) (21.9) (4.2) (52.3) (52.0) (36.0) (66.4) (27.3) 27,3 E (67.2) C (33.5) D (41.6) D (43.9) 07/28/2017 170224 The Landing at Lewis Creek Estates - Transportation Impact Analysis 17 Board of Commissioners - September 5, 2017 ITEM: 8 -8-19 k4w) DAVENPORT 07/28/2017 170224 The Landing at Lewis Creek Estates - Transportation Impact Analysis 18 Board of Commissioners - September 5, 2017 ITEM: 8 -8-20 Table 5.3 - Gordon Road LOS of mpg �.'To "Li n MEN" "(Dela in sec/veh) Scenario Worst Approach EastbMPRNestboundle Northbound I Sout= AM Peak Hour L R L L T R L T R 2017 Existing C (17.9) NB Approach B 14.3 7(1.5) 7(0.0) F F B 61.5 (61.5) 13.2 C (17.9) L R L L T R L T R 2021 Future No C (19.1) B A A A F F B Build NB Approach 12.7 0.0 0.0 0.0 70.6 (70.6) 13.9 A (1.3) A (0.0) C (19.1) L T R L T R L T R L T R 2021 Future C (21.0) C A A A F F B Build NB Approach 14.1 0.0 0.0 0.0 90.4 90.4 14.1 A (1.4) A (0.0) C (21.0) L T R L T R L T R L T R 2017 Existing D (32.3) NB Approach B A 12.3 0.0 A A 0.0 0.0 F F D 90.2 90.2 26.4 A (1.7) A (0.0) D (32.3) L T R L T R L T R L T R 2021 Future No E (39.5) B A A A F F D Build NB Approach 10.7 0.0 0.0 0.0 112.4 112.4 32.2 A (1.4) A (0.0) E (39.5) L T R j L I T R L T R L T R 2021 Future F (76.3) B A A A F F F Build NB Approach 11.3 0.0 0.0 0.0 196.5 196.5 65.5 A (1.3) A (0.0) F (76.3) 07/28/2017 170224 The Landing at Lewis Creek Estates - Transportation Impact Analysis 18 Board of Commissioners - September 5, 2017 ITEM: 8 -8-20 k4w) DAVENPORT 07/28/2017 170224 The Landing at Lewis Creek Estates - Transportation Impact Analysis 19 Board of Commissioners - September 5, 2017 ITEM: 8 -8-21 Gordon -... and Blount Drive/Site Access el of Service by Approach LOS of (Delay in sec/veh) Scenario Worse Jo rs f� Applroac Eastbouln4l Westbound Northbound Southboundj AM Peak Hour L T R L T R L T R L T R 2017 Existing F (p9p3.9) B A A A F F SBA roach 12.7 0.0 0.0 0.0 93.9 93.9 A (0.1) A (0.0) F (93.9) L T R L T R L T R L R 2021 Future F (109.1) B A A A F jTJ F No Build SIB Approach 13.2 0.0 0.0 0.0 109.1 109.1 A (0.1) A (0.0) -(109.1) L T R L T R L T R L T R 2021 Future F (6731.3) B A A B A A F F F F F F Build NB Approach 13.2 0.0 0.0 10.6 0.0 0.0 6731.3 6731.3 6731.3 475.5 475.5 475.5 A (0.1) A (0.1) F (6731.3) F (475.5) L T R L T R L T R L T R 2021 Future D (48.7) D D A E C c F E E E Build with Signal 51.0 51.0 5.4 70.9 34.1 34.1 163.5 E (67.3) E (67.3) 60.3 60.3 60.3 Improvements D (48.7) C (34.6) PM Peak Hour F (138.2) E (60.3) L T R L T R L T R L T R 2017 Existing E (p3p8.7) B A A A E E SBA roach 10.0 0.0 0.0 0.0 38.7 38.7 A (0.1) A (0.0) E (38.7) L T R L T R L T R L T R 2021 Future E (44.6) B A A A E E No Build SB Approach 10.3 0 0. 0.0 0.0 44.6 44.6 A (0.1) A (0.0) E (44.6) L T R L T R L T R L T R 2021 Future F (3304.7) B A L:A B A A F F F F F F Build NB Approach 10.3 0.0 12.7 0.0 0.0 3304.7 3304.7 3304.7 251.9 251.9 251.9 A (0.0) A (0.7) F (3304.7) F (251.9) L T R L T R L T R L T R 2021 Future C (22.2) c c A D A A D D D Build with Signal 31.2 31.2 7.3 43.0 8.0 8.0 E (68.0) D (41.2) D (41.2) (38.2) 38.2 38.2 Improvements C (27.7) B (10.0) E (60.7) D (38.2) 07/28/2017 170224 The Landing at Lewis Creek Estates - Transportation Impact Analysis 19 Board of Commissioners - September 5, 2017 ITEM: 8 -8-21 � SIGNALIZED GREEN = COMMITTED BLUE= PROPOSED � INTERSECTION 0 SPEED LIMIT SPEED LIMIT . UNSIGNALIZED 45 70 INTERSECTION N ROADWAY � TRAFFIC MOVEMENT O Z m n BLACK = EXISTING Cc M w 0 W GREY N 0 -%. O < c rt •. Signal O,� g0 [*I- a n — �, ? ULL � c II 4 SPEED 0 r 0 100' r SPEED Gordon LIMIT °o LIMIT 45 150' J � 0 0 Road 45 175' J 11 t �► MERGE LANE � 100' C o v 01 C C r r r r. O Z m Z D• •. • D r � 0 n �l tP a� 0 ( m to I -40 EB COQ' N 0 D w ^' Off Ramp C 0 FIGURE 9 RECOMMENDED SPEED LIMIT SPEED IMPROVEMENTS 45 LIMIT 55 THE LANDING AT LEWIS CREEK ESTATES This document, together with the concepts and designs presented herein, is PROJECT NUMBER 170224 intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to * ** NOT TO SCALE * ** DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. Board of Commissioners - September 5, 2017 ITEM: 8 -8-22 = UNAfVALYZEI� GREEN = COMMITTED BLUE= PROPOSED Illi,m) DAVENPORT 6.0 Signal Warrant Analysis A signal warrant analysis was conducted for the intersection of Gordon Road and Blount Drive /Site Access. The analysis was conducted using PC- Warrants software. The Federal Highway Administration on Uniform Traffic Control Devices ( MUTCD 2009 Edition), has established nine criteria that can be used to justify the installation of a Traffic Signal, which are the following: • Warrant 1, Eight -Hour Vehicular Volume • Warrant 2, Four -Hour Vehicular Volume • Warrant 3, Peak Hour • Warrant 4, Pedestrian Volume • Warrant 5, School Crossing • Warrant 6, Coordinated Signal system • Warrant 7, Crash Experience • Warrant 8, Roadway Network • Warrant 9, Intersection Near a Grade Crossing For the purpose of this analysis, warrants 1 -3 were evaluated, which are related to traffic volumes. Based on the results, this intersection satisfies all three (3) warrants for signalization; eight -hour volume, four -hour volume, and peak hour volume warrants. Based on MUTCD criteria, signalization may be considered when one or more of these criteria is satisfied. It should be noted that these warrants are satisfied even with a reduction of 50% of minor street right turn volumes, and with a reduction of 100% of minor street right turn volumes. Additional information can be found in the appendix. 07/28/2017 170224 The Landing at Lewis Creek Estates — Transportation Impact Analysis 21 Board of Commissioners - September 5, 2017 ITEM: 8 -8-23 IIIll,V) DAVENPORT 7.0 Summary and Conclusion The proposed Landing at Lewis Creek Estates Subdivision is to be located south of Gordon Road and east of 1 -40 in New Hanover County, North Carolina. The development is planned to consist of 236 single family homes and 192 apartments. The development will utilize one (1) access point on Gordon Road. The trip generation indicates that the proposed development is expected to generate a net total of 3,534 trips per day with 275 trips in the AM peak and 359 trips in the PM peak. DAVENPORT was retained to determine the potential traffic impacts of this development and to identify transportation improvements that may be required to accommodate the impacts of both background traffic and new development traffic. It is recommended to optimize signal timing at the intersection of Gordon Road and NC 132 (N. College Road) /1 -40 Eastbound Ramps. Additionally, it is recommended to increase the southbound left turn lane to 650 feet of storage with appropriate taper and to increase the westbound left turn lane to 400 feet of storage with appropriate taper. A signal warrant analysis was performed for the intersection of Gordon Road and Blount Drive /Site Access. Based on projected volumes, this intersection is projected to satisfy three (3) criteria for signalization, which are the eight -hour volume warrant, four -hour volume warrant, and peak hour warrant. These criteria are met, even with the exclusion of 100% of minor street right turn traffic. MUTCD criteria state that signalization may be considered when one or more of these criteria is met. Based on these results and the capacity analysis, we recommend signalizing this intersection. Also, it is recommended to provide a westbound left turn lane with 100 feet of storage and appropriate taper, an eastbound right turn lane with 100 feet of storage and appropriate taper, and to provide a northbound full left turn lane along with a full through -right lane that extends to the first internal driveway. These recommendations are summarized in Figure 9. In conclusion, this study has reviewed the impacts of both background traffic and proposed development traffic, and has provided recommendations to accommodate future traffic. Please note the proposed site access should be designed according to NCDOT standards. 07/28/2017 170224 The Landing at Lewis Creek Estates — Transportation Impact Analysis 22 Board of Commissioners - September 5, 2017 ITEM: 8 -8-24 PROPOSED SITE PLAN Board of Commissioners - September 5, 2017 ITEM: 8 - 9 - 1 C) z Z� D Pu rrn - i y� crl I i I q oI I / -- 7 - — L T - ,{- 7 T 7 �I y zrn TI I' i �f UP) r � Z u. l 1 0 N rn �. 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Is 5 % e / �/ // r U �� " .- 9 % l � ".j � se // „ � ° �� . �V Ire Vv \' \\ � \� \� -\x ' / . /�'rr „&/ / rr" °Fr ° / H/ / x / / r " ' "v V 1v A=• A A "V A sV _ , Oa F z a 0 °a n m w Q -- r 17. c � rn = m C M s Board of Commissioners - September 5, 2017 ITEM: 8 -10-5 z 0 I I I � I I / I � / iLLM n / S / rn v _ _ �T 0 �a S rrm Z �X_ rnz 0 c T z� -- 0 s O d r I r • ' a rM k Z IF zoo o�Ay O • l / SS P 1.11 I w • _. /� � /'o /��'V�' NI / a � a Io4 � c 41-1 P OAK gg K r B •^ � roe ...° ^ ° °,d ° Board of Commissioners - September 5, 2017 ITEM: 8 -10-6 _ o � 9 C• e � o 8 IS rn �T z = i (n Piz r- XD O smZ �rn 0O C smZ �n T z� 0 s 0 d T X n O e�no m IF Z , xx Y m czZ T"wH O a0� z �pn n 3 M. 2 T n z Mr �Z• r r ec N� o • . . • • � ,— — � � •� P � w k Jl 8° _ B \� g. _ \� I.�. gl I I �1 \° \ \I - IF y N dp� f3 Z p • • • • � • • •�� / �.` l V l \�\ � �� __ °/ °'� // // � � ° u Np / � SN ° � �\ N° �\ 1 a' 1� '� S • •� • • , ti0] / •1 ° \ k 1 „I \\ �° \ \ \`� �' g 4 ^, / f_ q g // a N ° \\ \ ¢ o� i• \ �v 11 vvv `�� ° %�/ _ �/ /s g � � vv„ � vvv _ = sl � � Iu • _ • •• � /l� / /!��ip ____ -- � __ -___ -� a��v `V_ � V A b �A\ � \\ g ° °s/ v av �a � a � %� V/ � ° _ n • g 1 / �=/ //� � '� �;� ° � � V v v�, _, � � vvnvv �� °, 1 >� `v � � vvv �/i Ivv� �ull °� a • . ° I I� I // # a o �' -v g \ V A �, I ^� 1 "I Ig 'I el 1 �� ° ,� XT / vvv a P Im �v II A' ; • � �'.j 1- I � I I � ay / � / °m / % '" ° °� � Its _ �V ° \ \� \ _ � ICI 4 1 �; e /// � ° \s \� \' �� - -R / � ° g g • , / ° / I y�y /17 l � � l y �_" /e � l tt g i \e \ \ ° ° \ I I u I d l o / C ° ® 5 a A ° ., .• / ..e' - /� =/ /q� / /��/ // � g u/ a �// � �\ � 1\ \g -� °I I I �' „ � ° �+ � �� % �/ �� /� /m --°ri - ./ P j r � / � / _ �// v \ \G \ 1 \+ \\ ° \ �\ �\ s\ °.. �N• ~: g I.p B �l s ,v /�s /cur'/, � � r e � i / °Jl � I\ ., a +• ° a s / .\ \ \n � � \ \ \ \� \ \ „. _ s � s � $ ., . 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II° � $e � /\ ttN .• g g a ° ° a•/ n�/ / °'I �� ~_ /� / %^ V =� ~ " /I °� I u III 5 11 g s n� e� �'4.• � aWpee Board of Commissioners - September 5, 2017 ITEM: 8 -10-7 O \ \ co �22n- U Omn2Z�'ao OCajOm Zoe rtc�j • > W N �Zp .ZI VI U1D Z VI<7 VA �A�x m AAm Z�n Oa Own Z�C7 �yy a Ai�om Ati f� 3v mz = A< D m0 ° nCO� nni czi�OA !A NN mm NA ncZi+ �OZy A C SZOAAm �ZZ��myOT (Oi> ZO �C Nm p.lpl oC AO� yOi AO�cm Z2�AO j ocn �T lki N �A y= D Z z 0 m m to OD N n2i0 °ZA ^mmom Zm,xi02 °A IZ m N n z m� mK yim Amon °z °nAmn A�- mz�mm�ln m w o _n z'_^ m m Z r v ' — \ \ " Z IM oo m m zA � O zn i N < y z Z p m oy m n 2 O A v m MIX N 41 Z z O o m Z K lN � v An ti x m n m z a na Z ` e _ zR N A Z� O o v ii 1— Z — — — — -- m°°A c�°rr>zzn A O A-�i+ oo zTr�o oZ A cm y�_ Z m _ *�l', ��z A 2 O �o nA O Ann v � T A �— na =2 Z �O �Zn Z OAn Z O _' m mn�i c AoZ C ° GOZ Oo� 0n _ �z i n O C W O -t -0 ao �OC 0Z Z n r— ', _ nAmo O ^ W ,-x m m L= oZm° U - "�i ° O p L o m A n - 1 1 II1IIIII I II 1 II I m mZ rM � z; O. , d A 5 55 _ zlzl COLLE OR ROAD � r�'' � ✓ m r c -v r n � - �r o mu e � � > o qz h 'I- mm °,I �I I Mm �I - 9° 18 `,� - 18'' v�ti B 216. i TYP _ .j la TYP= e d z� it li �� oN{ i o F L) Z _ p U:�a q ff 1: O�GASfi AF .10 Sip F \ F O O 1 I P In Z . 1 m •• � a I x y O D . 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I 1 a 1NR -a te_ F Board of Commissioners - September 5, 2017 ITEM: 8 -10-8 I I I 1\ >�n I$ r 0 s nLz c r < BC6UNT DRIVE SR 2735 _ I o c>NDL b O rn O I INTERSTATE l�TIN�G 24" Pqauc SE SS LL M5 LL2 I L441 125' 2 142' IL ISO � L-1 Nk E77 lei mol 50' PRIVATE' COLftCTOR� R;r IM RIGHT�LWAY) IM 40' SETBACK 2(F BUFFERYARD 25' SETBACK- Board ofCommissioners September 5.2017 fo�� /tISTIN5524 - -- _ -- =ss= �• _ i 4_�1 -- - — / 'SS ss ASS— CHORD _ - , a � oc - -ss— s a _� / s ° ° gd•1 _� X50 I 1• • , • \ 1 - A \I u� n'N��g • f + // / \1 I 1 --J 7 I � I s �. •,y1 � o� >� -r g v i��'/ .I I _.. � I �� M� I � 1 I\ I \V I ° 1� 1 ' • ate % „s �;1I '1 °117.1 ,..� � � 1 • � � _ / � _ � ° ^+99�I1 iii .I • •Ae �� 5 1 1 ° x1 °nl I� / 12Ti �_ \ ° \ / f2 Z�= a �+ 1• • ' Ste° - °I _ Y �I °n\ $r /'II"i,11n \I� rM I . �' / • / 127' [7 m I . • + !any "-7i�( '��' //° / /';' //= ' -' ° I I °� i 1 /` 1z7' 12 rM �� Z �° I a� 1 1 \ �_s� 27. t sv �� F Ik ' . + • + • ' I , �� - q n� _� ° W O 125 • , / o\\ \\ / \\� II m / • . + -.a l I I 1. g� I6 s I' 1 �� '1 , , . • + , I �` _ v„g �� " II,. e e/ mlIl 11 vo v 1 , . • - _ ��v A c 127' 05 m m x TTP T io Z ✓ } e • 1125 \ ..0 ✓ / � + • ., I•I II � /�„/- �%. -7-s 7 -9 � -. -��- \yl\�\ - j �' °/ _alo Nlol I � ® to e 1 m V I 25 1 127' .� ° I _ TY Z 127' I� �I - 5125 • /. �°J" / p - N f \ I� / ISO y 9 A- � 125 • ° + /'/ \ P/ / /g / ZS ZS \ \ -T 127• - -- �I PR3VATE LOCANOAD— PR Q_P. �' WATEE k • / ,� V / „/ „ / 'a (45'RIGHT OF WAY _ W Is �o. sS 505Q 505' - -_ „125 4nn3 D // �e`� • _ / \ mp�i^ i�l' o o 'br /o\ _ �e \ \Is' m O a �ZZ3�� o °cn �° _ ✓'.. /. // � \,. _ �� _ - ��,`•.� Ss'� /'/ - � e m � � ji p \� \Ivy 1�5 so _ N °xv � 1v I� 2 � s 1g ilk II »s \ 1.25 o / /� ` to ' w -\ N� _ m j1 g g I „I \ Ari - - -------------- -/ - - - -- - - C • v - / / �, _ 76' s 1X50 _ 50' _ 50 _ _ 5�' ,[ 0' 50 �0' 6 50? _ _Ox POP &50_E�1fR 50'. _ 65 / r -SS ss ; ss �s s s / - ti /m ° 45' PRIVATE LOCAL ROAD = G PRP 8" "d /'� (45 RIGHT �F WAYI cW CROP. 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I I °� I , � II_ r 130 /I 2 =1 / _. � �� a ti o rn � v g I _ ND wcaw N Q ii a & o z r m Y �o _ G 1 o.•��.a�° J p Board of Commissioners - September 5, 2017 ITEM: 8 - 10 - 11 z rd K 125' FIR 127' 42-5 IS ju rM 12 5 rn 2 125' rM IR LIL ss- GS a SS PR 8 lo mo IV SS 45 PRIVATE LOCAL R A pop IM 0 z 25' SETBACK' IM , ril - - - it .... . ..... Board ofCommissioners September 5.2017 OPPOSITION COMMENTS Board of Commissioners - September 5, 2017 ITEM: 8 - 11 - 1 Crowell, Kmm From: Karen Zitnay <karen @zitnay.com> Sent: Sunday, August 13, 2017 12:46 PM To: Crowell, Kym Subject: Rezoning request Z17 -08 - The Landing at Lewis Creek Estates I am unable to attend the rezoning meeting on August 21, 2017 but would like to express my concerns and objections to Rezoning Request Z17 -08, as stated below. OVERVIEW • This rezoning request is not reasonable and not in the public interest because the proposal would not encourage a mixture of uses as the current zoning intends. It is currently zoned with the intent that people can and should "live, shop and work" in close proximity to their home, which would promote the reduction of the dependency on the automobile. Gordon Road, White Road, Sun Coast Road, Alamosa, etc. are already very densely populated but offer very little in the way of commercial services or work opportunities. Residents must travel several miles just to go to a grocery store, let alone getting to their livelihoods or to other providers of normal daily goods and services. • Also, I believe that this land should remain zoned as Office and Industrial rather than changed to Residential due to the impact of the greatly increased traffic on Gordon Road created by this new development. Traffic will be at a lower volume and potentially more badly needed job opportunities will be available in this portion of town. GORDON ROAD TRAFFIC CONCERNS • The Landing at Lewis Creek Estates is not in best interest of public because the proposal includes 236 single family homes and 192 apartments yet the proposal states that this will supposedly only add 275 AM trips on Gordon Road and 359 PM trips. However, it has also stated that there will be over 3500 additional vehicle trips every day. • Logically, the numbers of vehicle trips in the Staff Summary do not make any sense since most households have at least two automobiles and two income earners in residence. • Gordon Road is already a heavily traveled roadway. It is already difficult to exit Farrington Farms Road onto Gordon Road. Currently, the residents in the developments near Ogden Park rely on Farrington Farms Road as a pass through to Gordon Road. Add the additional traffic from this development and it will be almost impossible to merge safely into traffic. • In addition, during Eaton Elementary School morning drop off times and especially during afternoon dismissal times one lane of Gordon Road is completely blocked due to parents' automobiles that are picking up their children. There are multiple "near misses" every day caused by regular traffic trying to dodge the lines and push their way into the only remaining travel lane. • On page 4 of 13 on the Z17 -08 Staff Summary it states that Gordon Road will be widened but the majority of the construction will not begin until 2024. That is just too little, and wav too late. INFRASTRUCTURE CONCERNS • By the requestor's own admission on page 2 of 13 on the Z17 -08 Staff Summary, the schools in the area are already over capacity. Especially Lame at M students ov��pc�R B��t�r.2��jhandle the additional school aged o rd o ommissioners - ITEKi:8 -12 -1 children that would live in this development current schools would need additions or new schools would have to be built in order to provide the proper education that our children deserve. The remedy for the overburdening of our schools is a huge financial burden for all the residents in the area. WILDLIFE AND ENVIRONMENTAL CONCERNS Also on page 2 of 13 on the Z17 -08 Staff Summary, it is stated that the property contains swamp, forest and wetlands along Smith Creek. We are already over taxing the wild life in the area. These creatures are losing their homes and must go somewhere. Even before they get started on the Military Cutoff Extension those of us in the neighborhoods surrounding Ogden Park are losing our pets to predators. There have been numerous coyote sightings, as well as predatory birds (raptors). What will happen when the Military Cutoff Extension construction really gets underway then the Lewis Creek Estates development begins? We are squeezing the wildlife out from both sides. The adverse impact on Smith Creek is imminent. The land adjacent to the wetlands assists in filtering contaminants before then enter Smith Creek. The fish in this creek feed our wildlife and the wildlife drink the water. Again, the wildlife suffers. For the reasons stated above, I want it to be known that I am completely against the rezoning of this tract of land. I would like to thank you for listening to my concerns and bringing them to the attention of the committee. Karen Zitnay 910 - 769 -3758 Board of Commissioners - September 5, 2017 ITEM: b - 12 - 2