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2017-12-07 Dec 7 2017 PB Agenda PackageNEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 7, 2017 REGULAR DEPARTMENT: Planning PRESENTER(S): Current Planner Brad Schuler CONTACT(S): Brad Schuler; Ben Andrea, Current P lanning & Zo ning Supervisor; Ken Vafier, P lanning Manager; and Wayne Clark, Planning & Land Use Director SUBJECT: P ubl i c Heari ng Rezoni ng Request (Z17-11) – Request by the Lee Law F i rm, on be hal f of the pro perty owner, Ll oyd C. B ri nkl ey, J r. et al , to r e zone 2.5 acres o f l and l ocated at 106 Oak Ri dg e Lane from (CU D) B -1, Condi ti onal Use B usi ness Di stri ct, to (C ZD) B -1, Condi ti onal B usi ne ss Di stri ct, i n order to devel op an automobi l e servi ce stati on. BRIEF SUMMARY: Lee Law Firm, on behalf of the property owne rs, Llo yd C. Brinkley, J r. Et Al, is requesting to re zo ne 2.5 acres of land lo c ate d at 106 Oak Ridge Lane from (C UD) B-1 to (C ZD) B-1 in order to develop an automobile service station. The property is lo cated in an area of M arket Street that has a mixture of residential and non-residential uses. This applicant proposes to develop an automobile service station (AAA Car Care Center). The service station would co nsist of an eight bay shop, office/retail center, and a c ar wash area co ntaining an exterior cleaning/vacuuming area. There are no fueling stations proposed. The applicant has provided trip generation numbers for the proposed develo pment and fo r the existing nursery. Those numbers illustrate that the pro posal will not generate more than an additional 100 peak hour trips and therefore, a Traffic Impact Analysis was not required to be completed. The 20 16 Comprehensive Land Use P lan classifies the subject property as Community Mixed Use. This P lace Type promotes small-scale, co mpact, mixed use de velopme nt patterns that serve all modes of travel and act as an attractor fo r county residents and visitors. Type s o f appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Overall, the proposed rezoning is CONSISTENT with the Comprehensive P lan. The proposed automotive service station with car wash and retail office is CONSISTENT with this place type because it will provide services for nearby residents. This type o f low-density commercial use is appropriate due to its location off a major arterial in a transitional area between major intersections and two Urban Mixed Use areas where higher density mixed uses are desirable. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development Planning Board - December 7, 2017 ITEM: 1 • Attract and retain new and expanding businesses • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning staff recommends approval with one condition and suggest the following motion: Motion to recommend approval, as the Board finds that this request for a zo ning map amendme nt of 2.5 acres from a Conditional Use B-1 district, to a Conditional B-1 district, as described is: 1. Consistent with the purposes and intent of the 2016 Comprehensive P lan because the low-density commercial use is appropriate due to its location off a major arte rial in a transitional area between major intersections and two Urban Mixed Use areas where higher density mixed uses are desirable. 2. Reasonable and in the public interest because the proposed development will support business success and provide commercial services to the surrounding residents, while limiting impacts to the surrounding residential area by preserving existing vegetation and installing a fully opaque buffer along the rear property line. Co nditio n: 1. All existing trees located within required buffer yards must be preserved and supplemented as necessary in order to provide a fully opaque screen. I n addition, a six-foot solid fence must be installed along the rear buffer yard. ATTACHMENTS: Z17-11 Script for PB Z17-11 Staff Summary PB Z17-11 Neighbor Properties Map Z17-11 Zoning Map Z17-11 FLUM Map Applicant Materials Cover Sheet Z17-11 Application Package Site Plan Cover Sheet Z17-11 Proposed Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - December 7, 2017 ITEM: 1 SCRIPT for Conditional Zoning District Application (Z17-11) Request by the Lee Law Firm, on behalf of the property owner, Lloyd C. Brinkley, Jr. et al, to rezone 2.5 acres of land located at 106 Oak Ridge Lane from (CUD) B-1, Conditional Use Business District, to (CZD) B-1, Conditional Business District, in order to develop an automobile service station. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend approval, as the Board finds that this request for a zoning map amendment of 2.5 acres from a Conditional Use B-1 district, to a Conditional B-1 district, as described is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the low-density commercial use is appropriate due to its location off a major arterial in a transitional area between major intersections and two Urban Mixed Use areas where higher density mixed uses are desirable. 2. Reasonable and in the public interest because the proposed development will support business success and provide commercial services to the surrounding residents, while limiting impacts to the surrounding residential area by preserving existing vegetation and installing a fully opaque buffer along the rear property line. Conditions: 1. All existing trees located within required buffer yards must be preserved and supplemented as necessary in order to provide a fully opaque screen. In addition, a six-foot solid fence must be installed along the rear buffer yard. Alternative Motion for Approval/Denial: Motion to recommend [Approval/Denial], as the Board finds that this request for a zoning map amendment of 2.5 acres from a Conditional Use B-1 district, to a Conditional B-1 district, as described is: Planning Board - December 7, 2017 ITEM: 1 - 1 - 1 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 consistent]. 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 detriments]. Conditions: [List any agreed upon conditions] Planning Board - December 7, 2017 ITEM: 1 - 1 - 2 Z17-11 Staff Summary PB Page 1 of 9 STAFF SUMMARY OF Z17-11 CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z17-11 Request: Conditional B-1 Zoning District in order to develop an automobile service station Applicant: Property Owner(s): Michael V. Lee of The Lee Law Firm Lloyd C. Brinkley, Jr. Et Al Location: Acreage: 106 Oak Ridge Lane 2.507 PID(s): Comp Plan Place Type: R03618-002-001-000 Community Mixed Use Existing Land Use: Proposed Land Use: Retail Nursery Automobile Service Station Current Zoning: Proposed Zoning: (CUD) B-1 (CZD) B-1 SURROUNDING AREA LAND USE ZONING North Religious Institution, single-family residential R-15 East Single-family residential R-15 South Single-family residential, religious institution R-15 West Single-family residential R-15 Planning Board - December 7, 2017 ITEM: 1 - 2 - 1 Z17-11 Staff Summary PB Page 2 of 9 ZONING HISTORY July 6, 1971 Initially zoned R-15 (Area 5) October 1, 1990 Property rezoned to (CUD) B-1 to develop a retail nursery (Z-416) COMMUNITY SERVICES Water/Sewer CFPUA water and sewer services are available Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Ogden Station Schools Blair Elementary, Eaton Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Proposed Site Plan  This application proposes to develop an automobile service station (AAA Car Care Center). The service station would consist of an eight bay shop, office/retail center, and a car wash area containing an exterior cleaning/vacuuming area. There are no fueling stations proposed.  “Automobile service stations” provide for general maintenance of automobiles (e.g. oil changes, tire rotations, state inspections). Major repairs, like body work, are considered an “automobile repair business”, which is not a permitted use in the B-1 zoning district. Planning Board - December 7, 2017 ITEM: 1 - 2 - 2 Z17-11 Staff Summary PB Page 3 of 9  A fully opaque buffer must be installed along the rear (western) property line which adjoins single-family dwellings. The applicant will preserve the existing vegetation located within the buffer and install a 6-foot tall solid fence. Proposed Site Plan Proposed Landscape Plan Planning Board - December 7, 2017 ITEM: 1 - 2 - 3 Z17-11 Staff Summary PB Page 4 of 9 TRANSPORTATION  Access is provided to the subject property by Greenview Drive (SR 2082) and Oak Ridge Lane, a private road. A driveway permit from NCDOT is required for the proposed development. Trip Generation LAND USE (ITE Code) INTENSITY AM PEAK PM PEAK SATURDAY PEAK Automated Car Wash (948) 3,800 square feet Info not available 54 54 Automobile Care Center (942) 7,730 square feet 17 24 Info not available OR Automobile Parts and Service Center (943) 7,730 square feet Info not available 34 51 TOTAL MAXIMUM TRIPS GENERATED BY THE PROPOSAL: N/A 88 105 Existing Trips (subtracted from proposed trips) Nursery (Garden Center) (817) 3.27 acres 30 34 76 TOTAL NEW TRIPS GENERATED BY THE PROPOSAL: N/A 54 29  Traffic Impact Analyses are required to be completed for proposals that will generate more than 100 peak hour trips in either the AM or PM peak hours. A TIA is not required for this project due to the projected peak hour trip generation figures. Traffic Counts Road Location Volume Capacity V/C LOS Market Street 7500 Block 52,765 43,700* 1.2* E/F* *The intersection of Lendire Road and Market Street has gained additional capacity due to changes in roadway configuration, lengthened turn lanes, the addition of a EB left turn lane, and signal changes associated with Middle Sound Marketplace project. The revised capacity has not been compiled at this time. Planning Board - December 7, 2017 ITEM: 1 - 2 - 4 Z17-11 Staff Summary PB Page 5 of 9 Nearby Planned Transportation Improvements and Traffic Impact Analyses Regional Transportation Plans:  STIP Project U-4751 o Extension of Military Cutoff Road from Market Street to I-140. Construction is expected to begin in early 2018.  STIP Project U-4902D o Installation of a center median on Market Street from Middle Sound Road to Marsh Oaks Drive. Also includes the installation of a sidewalk on the western side of Market Street and a multi-use path on the eastern side. Construction is expected to begin in early 2019.  The NHC/City of Wilmington Greenway Plan recommends that a greenway be installed along the western side of the adjacent portion of Market Street. As noted above, STIP Project U-4902D will install a multi-use path and sidewalk along this portion of Market Street. Planning Board - December 7, 2017 ITEM: 1 - 2 - 5 Z17-11 Staff Summary PB Page 6 of 9 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses will expire if the proposed development is not completed by the build out date established within the TIA.  APPROVED TIAs: Proposed Development Land Use/Intensity TIA Status 1. Aldi at Marsh Oaks  18,900 square foot discount supermarket  Approved July 6, 2016 The TIA required improvements be completed at certain intersections in the area. The major improvements consisted of:  Installation of an eastbound right turn lane on Marsh Oaks Drive to a site access Per NCDOT, the improvements required at this time have been installed in accordance with their standards. Nearby Proposed Developments included within the TIA:  US 17 retail – Walmart Shopping Center (accounted for in annual growth rate) Development Status: Completed 2. Amberleigh Shores – Phase 2  288 apartment units  TIA Approved November 3, 2016  2018 Build Out Year The TIA required improvements be completed at certain intersections in the area. The major improvements consist of:  Installation of a southbound left turn lane on Market Street to Marsh Oaks Drive  Installation of an eastbound right turn lane on Marsh Oaks Drive to a site access  Extension of an existing right-turn lane on Market street to serve an existing site access In addition, improvements will be made with STIP Project U-4902D (Market Street median) that will support the traffic generated by the development. Construction of the development and required transportation improvements have not started at this time. Nearby Proposed Developments included within the TIA:  None Development Status: No construction has started at this time Planning Board - December 7, 2017 ITEM: 1 - 2 - 6 Z17-11 Staff Summary PB Page 7 of 9 3. Middle Sound Market Place (Publix)  32,830 square feet of retail  49,100 square feet of supermarket  720 square feet of fast food restaurant  TIA approved June 15, 2015  2019 Build Out Year The TIA required improvements to be made at certain intersections in the area, including Market Street at Middle Sound and the access points to the development. The major improvements consisted of:  Installation of a continuous northbound right turn lane on Market Street to Middle Sound Loop Road and site access points  Extension of existing westbound dual left turn lanes and the addition of a westbound right turn lane on Middle Sound Loop Road to Market Street  Installation of an eastbound right turn lane and westbound left turn lane on Middle Sound Loop Road to a site access In addition, NCDOT recently completed the Lendire Road realignment project, and will be making improvements to the area’s transportation network with STIP Project U-4751(Military Cutoff extension). These completed and planned projects will support the traffic generated by the development. Per NCDOT, the improvements required at this time have been installed in accordance with their standards. Nearby Proposed Developments included within the TIA:  None Development Status: Publix has opened, other retail units remain unoccupied  TIAs Under Draft: 4. Ogden Starbucks  2,200 square foot coffee shop with drive thru  Scope Approved November 21, 2017  2019 Build Out Year Nearby Proposed Developments to be included within the TIA:  None ENVIRONMENTAL  The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas.  The subject property is within the Pages Creek (SA;HQW) watershed.  Soils on the property consist of Class I (suitable/slight limitation) and Class III (severe limitation) soils. Planning Board - December 7, 2017 ITEM: 1 - 2 - 7 Z17-11 Staff Summary PB Page 8 of 9 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. Specific goals of the Comprehensive Plan are designated to be promoted in each place type, and other goals may be relevant for particular properties. Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Analysis Community Mixed Use areas are generally intended to include a mixture of uses and support multiple modes of transportation. These features become more important at major intersections where mixed use nodes can be created, especially where publically-funded multi-modal infrastructure is in place and/or planned. In transitional areas between major intersections and/or higher density nodes, lower density commercial uses that provide services for nearby residents are appropriate. Multi-modal support is less of a concern - especially for uses specifically for motor vehicles - but planned multi-modal corridors should be incorporated into site designs. Consistency Recommendation The proposed automotive service station with car wash and retail office is CONSISTENT with this place type because it will provide services for nearby residents. This type of low-density commercial use is appropriate due to its location off a major arterial in a transitional area between major intersections and two Urban Mixed Use areas where higher density mixed uses are desirable. Planning Board - December 7, 2017 ITEM: 1 - 2 - 8 Z17-11 Staff Summary PB Page 9 of 9 STAFF RECOMMENDATION Staff recommends approval of the application with conditions. Staff concludes that this application is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the low- density commercial use is appropriate due to its location off a major arterial in a transitional area between major intersections and two Urban Mixed Use areas where higher density mixed uses are desirable. 2. Reasonable and in the public interest because the proposed development will support business success and provide commercial services to the surrounding residents, while limiting impacts to the surrounding residential area by preserving existing vegetation and installing a fully opaque buffer along the rear property line. Condition: 1. All existing trees located within required buffer yards must be preserved and supplemented as necessary in order to provide a fully opaque screen. In addition, a six-foot solid fence must be installed along the rear buffer yard. Planning Board - December 7, 2017 ITEM: 1 - 2 - 9 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 102 125 129201 121 102 205 114 110204 202 210 114 200 206 122 118 100 118 103 209 109 107 213 7633 7543 7589 7605 7590 7643 7600 7721 7627 7520 7524 7539 7516 7512 7601 7605 75257523 75377528 7607 7535 7532 7508 7527 7531 7509 7609 7521 7517 7513 7500 7613 7517 7501 MARKET ST BAYSHORE DR GREENVIEW DR LOST TREE RD OAK RIDGE LN WINDSONG RD MALLOW RD S C O R P I O N D R PRIVATE BRIEF RD TORCHWOOD BLV ALEXANDER RD YVONNE RD BERTHA RD AMARYLLIS DR THAIS TRL G U N R A V E N L N RIDGEVIEW PL 500 Feet ®HNC Z17-11 R-15 O&I B-2 CUD B-1 CUD O&I MARKET ST GREENVIEW DR OAK RIDGE LN LOST TREE RD ELKMONT CT BERTHA RD BAYSHORE DR TORCHWOOD BLV CAUTHEN WAY ALEXANDER RD Z17-11 Parcels within 500 Feet of Case Site C a s e :C o n d i t i o n a l Z o n i n gDistrict Re q u e s t : Z 1 7 -1 1 E x i s t i n g Z o n i n g /U s e : P r o p o s e d Z o n i n g /U s e :S i t e A d d r e s s : 7 5 0 0 b l o c kMarket S t (C U D ) B -1 /N u r s e r y (C Z D ) B -1 /Au t o m o b i l e S e r v i c e S t a t i o n C a s e S i t e N e i g h b o r i n g Pa r c e l s(w i t h i n 5 0 0 f e e t ) 100 PENDULA WAY 7516 CAUTHEN WAY 102 MARSHALL CT 7517 LOST TREE RD 102 PENDULA WAY 7517 MARKET ST 103 MARSHALL CT 7521 LOST TREE RD 110 GREENVIEW DR 7523 ELKMONT CT 114 GREENVIEW DR 7524 ELKMONT CT 114 OAK RIDGE LN 7525 ELKMONT CT 118 GREENVIEW DR 7527 ELKMONT CT 118 OAK RIDGE LN 7528 ELKMONT CT 121 GREENVIEW DR 7531 ELKMONT CT 122 OAK RIDGE LN 7532 ELKMONT CT 125 GREENVIEW DR 7535 ELKMONT CT 129 GREENVIEW DR 7537 ELKMONT CT 200 OAK RIDGE LN 7539 ELKMONT CT 201 GREENVIEW DR 7543 ELKMONT CT 202 GREENVIEW DR 7589 MARKET ST 204 OAK RIDGE LN 7590 MARKET ST 205 GREENVIEW DR 7600 MARKET ST 206 GREENVIEW DR 7601 LOST TREE RD 209 GREENVIEW DR 7605 BERTHA RD 210 GREENVIEW DR 7605 LOST TREE RD 213 GREENVIEW DR 7607 BERTHA RD 7500 MARKET ST 7609 LOST TREE RD 7501 MARKET ST 7613 LOST TREE RD 7508 CAUTHEN WAY 7627 MARKET ST 7509 LOST TREE RD 7633 MARKET ST 7512 CAUTHEN WAY 7643 MARKET ST 7513 LOST TREE RD 7721 ALEXANDER RD Physical Addre ss Planning Board - December 7, 2017 ITEM: 1 - 3 - 1 R-15 B-2 CITY O&I CUD R-10 R-10 CUD B-1 CZD B-2 CUD O&I CUD B-2 MARKET ST BAYSHORE DR GREENVIEW DR LOST TREE RD OAK RIDGE LN WINDSONG RD TORCHWOOD BLV MALLOW RD ELKMONT CT BRIEF RD ALEXANDER RD DIANE DR YVONNE RD BERTHA RD PETE R S L N AMARYLLIS DR CAUTHEN WAY ROCHELLE RD THAIS TRL E S S A R Y P L COKER CT ALCOA WAY G U N R A V E N L N CORUM LN RIDGEVIEW PL 500 Feet ®HNC Z17-11 Zoning Districts S H O D A-IAR B-1 B-2 EDZDI-1 I-2 O&I PDR-10 R-15 R-20 R-20S R-7 RA RFMU SC I n c o r p o r a t e d A r e a s Indicates Conditional Use District (CUD)Indicates Conditional Zoning District (CZD)See Section 55.1 of the Zoning OrdinanceCOD C a s e :C o n d i t i o n a l Z o n i n gDistrict Re q u e s t : Z 1 7 -1 1 E x i s t i n g Z o n i n g /U s e : P r o p o s e d Z o n i n g /U s e :S i t e A d d r e s s : 7 5 0 0 b l o c kMarket S t (C U D ) B -1 /N u r s e r y Sewer Collector Water Distribution Main (C Z D ) B -1 /Au t o m o b i l e S e r v i c e S t a t i o n Planning Board - December 7, 2017 ITEM: 1 - 4 - 1 GENERAL RESIDENTIAL COMMUNITY MIXED USEMARKET ST BAYSHORE DR GREENVIEW DR LOST TREE RD OAK RIDGE LN WINDSONG RD TORCHWOOD BLV MALLOW RD ELKMONT CT BRIEF RD ALEXANDER RD DIANE DR YVONNE RD BERTHA RD PETE R S L N AMARYLLIS DR CAUTHEN WAY ROCHELLE RD THAIS TRL E S S A R Y P L COKER CT ALCOA WAY G U N R A V E N L N CORUM LN RIDGEVIEW PL 500 Feet ®HNC Z17-11 Place Types Commerce Zone Employment Center General Residential Urban Mixed Use Comm unity Mixed Use Rural Residential Conser vation C a s e :C o n d i t i o n a l Z o n i n gDistrict Re q u e s t : Z 1 7 -1 1 E x i s t i n g Z o n i n g /U s e : P r o p o s e d Z o n i n g /U s e :S i t e A d d r e s s : 7 5 0 0 b l o c kMarket S t (C U D ) B -1 /N u r s e r y (C Z D ) B -1 /Au t o m o b i l e S e r v i c e S t a t i o n Planning Board - December 7, 2017 ITEM: 1 - 5 - 1 APPLICANT MATERIALS Planning Board - December 7, 2017 ITEM: 1 - 6 - 1 Planning Board - December 7, 2017 ITEM: 1 - 7 - 1 Planning Board - December 7, 2017 ITEM: 1 - 7 - 2 Planning Board - December 7, 2017 ITEM: 1 - 7 - 3 Planning Board - December 7, 2017 ITEM: 1 - 7 - 4 Planning Board - December 7, 2017 ITEM: 1 - 7 - 5 Planning Board - December 7, 2017 ITEM: 1 - 7 - 6 Planning Board - December 7, 2017 ITEM: 1 - 7 - 7 Planning Board - December 7, 2017 ITEM: 1 - 7 - 8 Planning Board - December 7, 2017 ITEM: 1 - 7 - 9 Planning Board - December 7, 2017 ITEM: 1 - 7 - 10 Planning Board - December 7, 2017 ITEM: 1 - 7 - 11 Planning Board - December 7, 2017 ITEM: 1 - 7 - 12 Planning Board - December 7, 2017 ITEM: 1 - 7 - 13 Planning Board - December 7, 2017 ITEM: 1 - 7 - 14 Planning Board - December 7, 2017 ITEM: 1 - 7 - 15 Planning Board - December 7, 2017 ITEM: 1 - 7 - 16 PROPOSED SITE PLAN Planning Board - December 7, 2017 ITEM: 1 - 8 - 1 Planning Board - December 7, 2017 ITEM: 1 - 9 - 1 Planning Board - December 7, 2017 ITEM: 1 - 9 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 7, 2017 REGULAR DEPARTMENT: Planning PRESENTER(S): Current Planner Brad Schuler CONTACT(S): Brad Schuler; Ben Andrea, Current P lanning & Zo ning Supervisor; P lanning M anager Ken Vafier; and Planning & Land Use Director Wayne Clark SUBJECT: P ubl i c Heari ng Rezoni ng Request (Z1 7-1 2) – Request by Desi gn Sol uti ons on behal f of the property ow ner, ACI P i ne Ri dge, LLC, to rezone 3.45 acres l ocated at 168 & 178 P orters Neck Ro ad from B -1, B usi ness Di stri ct, and B -2, Hi g hw ay B usi ness Di stri ct, to (C ZD) B -2 , Condi ti onal Hi g hw ay B usi ness Di stri ct, i n order to devel op a hotel . BRIEF SUMMARY: Design So lutio ns, o n be half of the property owner, ACI P ine Ridge, LL C, is requesting to rezone 3.45 acres of land located at 168 & 178 P orters Neck Road from B-1 and B-2 to (CZ D) B-2 in order to develop a hotel. The property is located in an area of P orters Neck that is used and zoned mostly for commercial development. The application pro pose s to develo p a hotel consisting of six storie s and 15 0 ro oms. The brand of the hotel has not been determined by the applicant at this time. The applicant has provided trip generation numbers for the propo sed development. Tho se numbers illustrate that the pro posal will not generate more than 10 0 peak ho ur trips and therefore, a Traffic Impact Analysis was not required to be completed. The 20 16 Comprehensive Land Use P lan classifies the subject property as Urban M ixed Use. This P lace Type promotes development of a mix of residential, office, and retail uses at higher densities. Types o f uses encouraged include o ffice, retail, mixe d use, small recreation, commercial, institutional, single-family, and multi-family residential. The propo sed hotel is CONSISTENT with the Urban Mixed Use place type. It provides a commercial service in a pro pose d mixed use gro wth node at a scale aligned with Comprehensive P lan guidelines of 2-7 stories in height. The site design includes multi-modal components, namely a sidewalk that will provide pedestrian access to adjacent properties that will benefit future visitors staying at the hotel and patrons of existing and planned businesses. STRATEGIC PLAN ALIGNMENT: Planning Board - December 7, 2017 ITEM: 2 Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval with conditions and suggests the following motion: Motion to recommend approval, as the Board finds that this request fo r a zoning map amendment of 3.45 acres from the B-1 and B-2 districts, to a Conditional B-2 district, as described is: 1. Consistent with the purposes and intent of the 20 16 Compre he nsive P lan because the proposed development provides a commercial service in a propo sed mixed use growth node at a scale aligned with Comprehensive Plan guidelines of 2-7 stories in height. 2. Reasonable and in the public interest because the proposed development will provide pedestrian access to adjacent properties that will benefit future visito rs staying at the hotel and patrons of existing and planned businesses. Co nditio ns: 1. The building cannot exceed 80 feet in height. The height shall be measured from the average grade to the highest point of the building, including parapet walls. 2. A co nnection for future parking lot cross-access shall be provided to the adjoining land northeast of the proposed development. The connection shall be constructed to the property line. 3. A five -foo t-wide side walk shall be installe d alo ng bo th frontages of P orters Neck Road. The sidewalk shall be open for public use and connect to the interior parking area of the hotel. ATTACHMENTS: Z17-12 Script for PB Z17-12 Staff Summary PB Z17-12 Neighbor Properties Map Z17-12 FLUM Map Z17-12 Zoning Map Application Materials Cover Sheet Z17-12 Application Package Site Plan Cover Sheet Z17-12 Proposed Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - December 7, 2017 ITEM: 2 SCRIPT for Conditional Zoning District Application (Z17-12) Request by Design Solutions on behalf of the property owner, ACI Pine Ridge, LLC, to rezone 3.45 acres located at 168 & 178 Porters Neck Road from B-1, Business District, and B-2, Highway Business District, to (CZD) B-2, Conditional Highway Business District, in order to develop a hotel. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend approval, as the Board finds that this request for a zoning map amendment of 3.45 acres from the B-1 and B-2 districts, to a Conditional B-2 district, as described is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed development provides a commercial service in a proposed mixed use growth node at a scale aligned with Comprehensive Plan guidelines of 2-7 stories in height. 2. Reasonable and in the public interest because the proposed development will provide pedestrian access to adjacent properties that will benefit future visitors staying at the hotel and patrons of existing and planned businesses Conditions: 1. The building cannot exceed 80 feet in height. The height shall be measured from the average grade to the highest point of the building, including parapet walls. 2. A connection for future parking lot cross-access shall be provided to the adjoining land northeast of the proposed development. The connection shall be constructed to the property line. 3. A five-foot-wide sidewalk shall be installed along both frontages of Porters Neck Road. The sidewalk shall be open for public use and connect to the interior parking area of the hotel. Alternative Motion for Approval/Denial: Motion to recommend [Approval/Denial], as the Board finds that this request for a zoning map amendment of 3.45 acres from the B-1 and B-2 districts, to a Conditional B-2 district, as described is: Planning Board - December 7, 2017 ITEM: 2 - 1 - 1 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 consistent]. 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 detriments]. Conditions: [List any agreed upon conditions] Planning Board - December 7, 2017 ITEM: 2 - 1 - 2 Z17-12 Staff Summary PB Page 1 of 8 STAFF SUMMARY OF Z17-12 CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z17-12 Request: Conditional B-2 Zoning District in order to develop a hotel Applicant: Property Owner(s): Cindee Wolf of Design Solutions ACI Pine Ridge, LLC Location: Acreage: 168 & 178 Porters Neck Road 3.45 PID(s): Comp Plan Place Type: R02800-001-179-000; R02800-001-180-000 Urban Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Hotel Current Zoning: Proposed Zoning: B-1 & B-2 (CZD) B-2 SURROUNDING AREA LAND USE ZONING North Undeveloped, Lowe’s Home Improvement B-1, (CUD) B-2 East Shopping center – restaurants, retail, banking B-1 South Shopping center – grocery, restaurants, retail, office B-2 West Undeveloped, retail, multi-family residential B-1, R-15 Planning Board - December 7, 2017 ITEM: 2 - 2 - 1 Z17-12 Staff Summary PB Page 2 of 8 ZONING HISTORY July 6, 1971 Initially zoned R-15 (Area 5) November 5, 1990 A portion of the property rezoned to B-2 (Z-398) March 13, 2000 A portion of the property rezoned to B-1 (Z-692) September 6, 2005 A portion of the property rezoned to B-1 (Z-806) February 4, 2008 A portion of the property rezoned to B-1 (Z-877) COMMUNITY SERVICES Water/Sewer CFPUA water and sewer services are available Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Porters Neck Station Schools Blair Elementary, Eaton Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Planning Board - December 7, 2017 ITEM: 2 - 2 - 2 Z17-12 Staff Summary PB Page 3 of 8 Proposed Site Plan  This application proposes to develop a hotel consisting of six stories and 150 rooms. The brand of the hotel has not been determined by the applicant at this time. Proposed Site Plan TRANSPORTATION  Access is provided to the subject property by Porters Neck Road (private). Trip Generation LAND USE (ITE Code) INTENSITY AM PEAK PM PEAK Hotel (310) 150 rooms 84 89 Planning Board - December 7, 2017 ITEM: 2 - 2 - 3 Z17-12 Staff Summary PB Page 4 of 8  Traffic Impact Analyses are required to be completed for proposals that will generate more than 100 peak hour trips in either the AM or PM peak hours. A TIA is not required for this project due to the projected peak hour trip generation figures. Traffic Counts Road Location Volume Capacity V/C LOS Market Street 8200-8300 Block 46,722 43,700 1.07 F Porters Neck Road 100 Block 14,234 15,600 0.91 E Nearby Planned Transportation Improvements and Traffic Impact Analyses Planning Board - December 7, 2017 ITEM: 2 - 2 - 4 Z17-12 Staff Summary PB Page 5 of 8 Regional Transportation Plans:  NCDOT Project 44238 o Proposal for roadway improvements at the Market Street/I-140 interchange. Preliminary plans propose to realign the I-140 Market Street exit so that it connects directly into Porters Neck Road, and to widen existing ramps to and from Highway 17. This project is currently unfunded.  The NHC/City of Wilmington Greenway Plan recommends that a greenway network be installed in the surrounding area, including along Market Street and I-140. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses will expire if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status 1. Aldi at Marsh Oaks  18,900 square foot discount supermarket  Approved July 6, 2016 The TIA required improvements be completed at certain intersections in the area. The major improvements consisted of:  Installation of an eastbound right turn lane on Marsh Oaks Drive to a site access Per NCDOT, the improvements required at this time have been installed in accordance with their standards. Nearby Proposed Developments included within the TIA:  US 17 retail – Walmart Shopping Center (accounted for in annual growth rate) Development Status: Completed 2. Amberleigh Shores – Phase 2  288 apartment units  TIA Approved November 3, 2016  2018 Build Out Year The TIA required improvements be completed at certain intersections in the area. The major improvements consist of:  Installation of a southbound left turn lane on Market Street to Marsh Oaks Drive  Installation of an eastbound right turn lane on Marsh Oaks Drive to a site access  Extension of an existing right-turn lane on Market street to serve an existing site access In addition, improvements will be made with STIP Project U-4902D (Market Street median) that will support the traffic generated by the development. Construction of the development and required transportation improvements have not started at this time. Planning Board - December 7, 2017 ITEM: 2 - 2 - 5 Z17-12 Staff Summary PB Page 6 of 8 Nearby Proposed Developments included within the TIA:  None Development Status: No construction has started at this time 3. Waterstone  162 Single-Family Homes  TIA approved June 18, 2015  2020 Build Out Year The TIA required improvements be completed at certain intersections in the area. The major improvements consist of:  Installation of a southbound right turn lane on Edgewater Club Road to a site access Construction of the development and required transportation improvements have not been completed at this time. Nearby Proposed Developments included within the TIA:  Porters Neck Elementary School Development Status: Under construction 4. Market Street Retail Center (Wal-Mart)  245,500 square feet retail space  Drive-in bank with 5 drive- thru lanes  4,000 square feet fast food restaurant w/ drive-thru  4,000 square feet fast food restaurant w/ drive-thru  TIA approved May 2, 2013  2015 Build Out Year The TIA required improvements be completed at certain intersections in the area. The major improvements consisted of:  Installation of center median on Market Street from Marsh Oaks Drive to site access #1, and continue median to existing concrete median to the north.  Installation of a traffic signal at site access #1 on Market Street.  Installation of multiple turn lanes at the site access points along Market Street. Per NCDOT, the improvements required at this time have been installed in accordance with their standards. Nearby Proposed Developments included within the TIA:  Amberleigh Shores Apartments Development Status: Completed Planning Board - December 7, 2017 ITEM: 2 - 2 - 6 Z17-12 Staff Summary PB Page 7 of 8 ENVIRONMENTAL  The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas.  The subject property is within the Pages Creek (SA;HQW) watershed.  Soils on the property consist mostly of Class I (suitable/slight Limitation) soils, Class III soils (severe limitation), and Class IV soils (unsuitable). 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. Specific goals of the Comprehensive Plan are designated to be promoted in each place type, and other goals may be relevant for particular properties. Future Land Use Map Place Type Urban Mixed Use (and Kirkland/Porters Neck Growth Node) Place Type Description Promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family residential. Analysis Urban Mixed Use areas, especially the three designated growth nodes, are intended to provide a mixture of commercial services and higher density housing at more urban scales. They are also intended to incorporate a multi- modal transportation network that allows nearby residents and area visitors to walk, bicycle, or use public transportation options. Uses in this area can include commercial services—especially retail, higher density residential, and offices. Taller buildings are more appropriate in these areas of the county. Planning Board - December 7, 2017 ITEM: 2 - 2 - 7 Z17-12 Staff Summary PB Page 8 of 8 Consistency Recommendation The proposed hotel is CONSISTENT with the Urban Mixed Use place type. It provides a commercial service in a proposed mixed use growth node at a scale aligned with comprehensive plan guidelines of 2-7 stories in height. The site design includes multi-modal components, namely a sidewalk that will provide pedestrian access to adjacent properties that will benefit future visitors staying at the hotel and patrons of existing and planned businesses. STAFF RECOMMENDATION Staff recommends approval of the application with conditions. Staff concludes that the application is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed development provides a commercial service in a proposed mixed use growth node at a scale aligned with comprehensive plan guidelines of 2-7 stories in height. 2. Reasonable and in the public interest because the proposed development will provide pedestrian access to adjacent properties that will benefit future visitors staying at the hotel and patrons of existing and planned businesses Conditions: 1. The building cannot exceed 80 feet in height. The height shall be measured from the average grade to the highest point of the building, including parapet walls. 2. A connection for future parking lot cross-access shall be provided to the adjoining land northeast of the proposed development. The connection shall be constructed to the property line. 3. A five-foot-wide sidewalk shall be installed along both frontages of Porters Neck Road. The sidewalk shall be open for public use and connect to the interior parking area of the hotel. Planning Board - December 7, 2017 ITEM: 2 - 2 - 8 ! ! ! !! !! ! ! ! ! ! ! ! !! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! !! ! 165 168 162163 175 188 178 195 183 167 179 191 211 220 220 200 221 8211 8211 8209 8209 8201 8262 8254 8254 8254 8132 8311 8207 82628127 8131 8210 8207 8140 8209 82588258 8262 8262 8260 8286 8290 8207 8215 8207 8207 8211 82118150 82118207 82118141 8149 8207 8219 8205 8161 8221 8130 8151 I -1 4 0 E I -1 4 0 W MARKET ST PRIVATE CHABLIS WAY PORTERS NECK RD TIBBYS DR BRAYS DR HAYS LN R E D C O C K A D E D C T FUTCH CREEK RD PLANTATION RD LADY BUG LN SHACKLEFORD DR YEARLING LN ROSEMARY LN COCONUT CT BISON CT MARKET ST P R I V A T E 750 Feet ®HNC Z17-12 B-1 B-2 CUD B-2 R-15 O&I CUD B-1 PRIVATE MARKET ST RED COCKADED CT Z17-12 Parcels within 500 Feet of Case Site C a s e :C o n d i t i o n a l Z o n i n gDistrict Re q u e s t : Z 1 7 -1 2 E x i s t i n g Z o n i n g /U s e : P r o p o s e d Z o n i n g /U s e :S i t e A d d r e s s : 1 0 0 b l o c kPorters N e c k R d B -1 & B -2 /U n d e v e l o p e d (C Z D ) B -2 /H o t e l C a s e S i t e N e i g h b o r i n g Pa r c e l s(w i t h i n 5 0 0 f e e t ) 211 CYPRESS POND WAY 175 PORTERS NECK RD220 CYPRESS POND WAY 178 PORTERS NECK RD221 CYPRESS POND WAY 179 PORTERS NECK RD200 LOOSESTRIFE CT 183 PORTERS NECK RD220 LOOSESTRIFE CT 188 PORTERS NECK RD8205 MARKET ST 191 PORTERS NECK RD8207 MARKET ST 195 PORTERS NECK RD8209 MARKET ST 8127 RED COCKADED CT8211 MARKET ST 8130 RED COCKADED CT8215 MARKET ST 8131 RED COCKADED CT8219 MARKET ST 8132 RED COCKADED CT8254 MARKET ST 8140 RED COCKADED CT8258 MARKET ST 8141 RED COCKADED CT8260 MARKET ST 8149 RED COCKADED CT8262 MARKET ST 8150 RED COCKADED CT8286 MARKET ST 8151 RED COCKADED CT8290 MARKET ST 8161 RED COCKADED CT8311 MARKET ST 8201 RED COCKADED CT162 PORTERS NECK RD 8207 RED COCKADED CT163 PORTERS NECK RD 8209 RED COCKADED CT165 PORTERS NECK RD 8210 RED COCKADED CT167 PORTERS NECK RD 8221 RED COCKADED CT168 PORTERS NECK RD Physical Addresses Planning Board - December 7, 2017 ITEM: 2 - 3 - 1 URBAN MIXED USE GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION I -1 4 0 E I -1 4 0 W PRIVATE MARKET ST PORTERS NECK RD HAYS LN TIBBYS DR CHABLIS WAY BRAYS DR PLANTATION RD RED COCKADED CT LADY BUG LN H A Y S L N CYPRESS POND WAY TREASURE LN SHACKLEFORD DR ROSEMARY LN LANTANA LN COCONUT CT BISON CT PRIVATE PRIVATE MARKET ST 750 Feet ®HNC Z17-12 Place Types Commerce Zone Employment Center General Residential Urban Mixed Use Comm unity Mixed Use Rural Residential Conser vation C a s e :C o n d i t i o n a l Z o n i n gDistrict Re q u e s t : Z 1 7 -1 2 E x i s t i n g Z o n i n g /U s e : P r o p o s e d Z o n i n g /U s e :S i t e A d d r e s s : (C Z D ) B -2 /H o t e l100 b l o c kPorters N e c k R d B -1 & B -2 /U n d e v e l o p e d Planning Board - December 7, 2017 ITEM: 2 - 4 - 1 R-15 B-1 B-2 CUD B-2 CZD B-2 I-1 O&I CUD B-1 I-140 E I-140 W PRI V A T E MA R K E T S T PO R T E R S N E C K R D HA Y S L N TIB B Y S D R CH A B L I S W A Y BRA Y S D R PLANTATION RD RE D C O C K A D E D C T LA D Y B U G L N H A Y S L N CY P R E S S P O N D W A Y TR E A S U R E L N SH A C K L E F O R D D R ROS E M A R Y L N LAN T A N A L N COC O N U T C T BISO N C T PRIV A T E PR I V A T E MAR K E T S T 750 Feet ®HNC Z17-12 Zoning Districts SHOD A-IAR B-1 B-2 EDZDI-1 I-2 O&I PDR-10 R-15 R-20 R-20S R-7 RA RFMU SC Incorporated Areas Indicates Conditional Use District (CUD)Indicates Conditional Zoning District (CZD)See Section 55.1 of the Zoning OrdinanceCOD Case:Conditional ZoningDistrict Request: Z17-12 Existing Zoning/Use: Proposed Zoning/Use:Site Address: (CZD) B-2/Hotel100 blockPorters Neck Rd B-1 & B-2/Undeveloped Planning Board - December 7, 2017 ITEM: 2 - 5 - 1 APPLICANT MATERIALS Planning Board - December 7, 2017 ITEM: 2 - 6 - 1 Planning Board - December 7, 2017 ITEM: 2 - 7 - 1 Page 4 of 7 Conditional Zoning District Application – Updated 5/2017 Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: ______________________ Total Acreage of Proposed District: __________ Only uses allowed by right in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (please provide additional pages if needed). ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ Proposed Condition(s) Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding General Use District regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ CZDB-23.45AC. MULTI-STORY (6-FLOOR)/150ROOMHOTELWITHACCESSORYPARKING&HOSPITALITYAMENITIES THEREISCURRENTLYNOOVERNIGHTACCOMODATIONFACILITIESINTHENORTHERNPARTOFTHECOUNTY. THEPROPOSEDLOCATIONISEASILYACCESSSIBLEFROMMAJORTHOROUGHFARES,ANDISLOCATEDINA MAJORCOMMERCIALNODEWITHAWEALTHOFOTHERSERVICESATTRACTIVETOTRANSIENTTRAVELERS. *INSTALLSIDEWALKSONBOTHROADFRONTAGESFORSAFE&CONVENIENTPEDESTRIANCIRCULATION. *MAKECONNECTIONSFROMINTERIORWALKWAYSTOTHOSEPUBLICSIDEWALKSFORACCESSTO SURROUNDINGSERVICES. Planning Board - December 7, 2017 ITEM: 2 - 7 - 2 Page 5 of 7 Conditional Zoning District Application – Updated 5/2017 Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Transportation Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: _________________________________________________________________________________ Trip Generation Use and Variable (gross floor area, dwelling units, etc.): __________________________________ AM Peak Hour Trips: ___________________________ PM Peak Hour Trips: ______________________________ CONSIDERATION OF A CONDITIONAL ZONING DISTRICT The Conditional Zoning District procedure 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 and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of very dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community-at-large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Use Zoning District meets the following criteria. 1. How would the requested change be consistent with the County’s policies for growth and development? (For example: the Comprehensive Plan and applicable small area plans) _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ 2. How would the requested Conditional Zoning District be consistent with the property’s classification on the Future Land Use Map located within the Comprehensive Plan? _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ (310)HOTEL 150ROOMS @ 0.56=84 @0.59=89 POLICIESFORGROWTH&DEVELOPMENTENCOURAGECONTINUEDEFFORTSTOATTRACTANDRETAIN BUSINESSES.AVIBRANTECONOMYISBASEDONBUSINESSSUCCESS.INFILLONVACANTTRACTSTHAT ALREADTHAVEACCESSTOURBANSERVICESMAXIMIZESTHEEFFICIENCYOFLANDUSEBYASSURING THATTHOSEUSESAREINCLOSEPROXIMITYTOTHEMARKETSTHEYSERVE. THEPLACE-TYPEISURBANMIXED-USE.THESEAREASAREINTENDEDFORMOREINTENSIVEURBAN DEVELOPMENT.THEYAREAPPROPRIATEFORVARIEDUSES.PORTERSNECKCROSSINGISAMAJOR COMMERCIALNODEWITHDIRECTACCESSTOMAJORTRAFFICCORRIDORS. THEPROPERTYISINANAREAWHICHHASBECOMENOTONLYANEXTENSIVECOMMERCIALNODE,BUT WHICHHASALSOBEENDEVELOPEDWITHHUGENUMBERSOFRESIDENTIALPROPERTIES.THEREAREA MULTITUDEOFSERVICESFORTHESEUSERS,BUTCURRENTLYNOOVERNIGHTACCOMODATION FACILITIESWITHINTHISAREAOFTHECOUNTY. Planning Board - December 7, 2017 ITEM: 2 - 7 - 3 Planning Board - December 7, 2017 ITEM: 2 - 7 - 4 Planning Board - December 7, 2017 ITEM: 2 - 7 - 5 Pl a n n i n g B o a r d - D e c e m b e r 7 , 2 0 1 7 IT E M : 2 - 7 - 6 Legal Description for CZD / B‐2 Rezoning of Lots 3 & 4 – Porters Neck Crossing Beginning at a point at the southernmost corner of Lot 3 – Porters Neck Crossing, a division recorded among the land records of the New Hanover County Registry in Map Book 53, at Page 308; said point being along the northern boundary of a 40’ private right‐of‐way; and running thence: North 45057’19” West, 116.20 feet to a point; thence Along a curve to the right, having a Radius of 230.00 feet and Length of 254.25 feet, a Chord of North 14017’13” West, 241.50 feet to a point; thence North 17022’53” East, 97.39 feet to a point; thence North 54055’59” East, 52.81 feet to a point; thence North 54055’59” East, 52.81 feet to a point; thence Along a curve to the left, having a Radius of 274.50 feet and Length of 228.61 feet, a Chord of North 71022’19” East, 222.06 feet to a point; thence South 47017’37” West, 318.43 feet to a point; thence South 42039’18” West, 183.07 feet to a point; thence North 47017’37” West, 76.93 feet to a point; thence South 42030’22” West, 285.68 feet to the point ad place of beginning, containing 3.45 acres, more or less. Planning Board - December 7, 2017 ITEM: 2 - 7 - 7 Planning Board - December 7, 2017 ITEM: 2 - 7 - 8 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 168 & 178 Porters Neck Road Proposed Zoning: B-1 to (CZD) B-2 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 October 19, 2017 . A copy of the written notice is also attached. The meeting was held at the following time and place: Wednesday, November 1, 2017; 6:00 p.m.; 107 Stokley Drive, Unit 101, Wilmington, 28403. The persons in attendance at the meeting were: Reference attached sign-in List The following issues were discussed at the meeting: A brief synopsis of the proposed development and of the conditional district rezoning process was given. A variety of questions were answered concerning the hotel brand and style, height & effect it might have on the surrounding businesses – both existing and proposed. As a result of the meeting, the following changes were made to the rezoning petition: None Date: November 3, 2017 Applicant: Design Solutions By: Cindee Wolf Planning Board - December 7, 2017 ITEM: 2 - 7 - 9 Planning Board - December 7, 2017 ITEM: 2 - 7 - 10 Pl a n n i n g B o a r d - D e c e m b e r 7 , 2 0 1 7 IT E M : 2 - 7 - 1 1 50 0 ' P e r i m e t e r A d j a c e n t O w n e r s L i s t f o r L o t s 3 & 4 ‐ P o r t e r s N e ck C r o s s i n g NH C O P I N M A P I D O W N E R O W N E R A D D R E S S C I T Y / S T A T E / Z I P S I T U S A D D R E S S 32 6 0 1 4 . 4 2 . 5 5 7 0 . 0 0 0 1 6 3 P O R T E R S N E C K R O A D L L C 1 2 5 M A R K E T S T W I L M IN G T O N N C 2 8 4 0 1 1 6 3 P O R T E R S N E C K R D 32 6 0 1 5 . 5 3 . 6 3 2 8 . 0 0 0 A C P R L E A S E H O L D L L C 5 1 9 M A R K E T S T W I L M I N G T O N NC 2 8 4 0 1 1 9 1 P O R T E R S N E C K R D 32 6 0 1 4 . 4 3 . 6 4 0 4 . 0 0 0 D U K E E N E R G Y P R O G R E S S L L C P O B O X 1 0 0 7 C H A R L OT T E N C 2 8 2 0 1 1 7 9 P O R T E R S N E C K R D 32 6 0 1 4 . 4 2 . 1 9 9 8 . 0 0 0 D U K E E N E R G Y P R O G R E S S L L C 5 5 0 T R Y O N S T S C H A R L OT T E N C 2 8 2 0 2 1 7 5 P O R T E R S N E C K R D 32 6 0 1 8 . 3 2 . 7 1 0 5 . 0 0 0 G R A Y P R O P E R T Y 2 2 0 5 L L C 5 0 0 4 M O N U M E N T A V E S T E 20 0 R I C H M O N D V A 2 3 2 3 0 2 0 0 L O O S E S T R I F E C T 32 6 0 1 4 . 4 2 . 6 7 1 1 . 0 0 0 J S T O N E P R O P E R T I E S L L C 2 0 1 M A R S H F I E L D D R W I L MI N G T O N N C 2 8 4 1 1 1 6 5 P O R T E R S N E C K R D 32 6 0 1 9 . 5 2 . 6 3 9 0 . 0 0 0 O A K R I D G E P R O P @ P N E C K L L C P O B O X 1 1 5 9 D E E RF I E L D I L 6 0 0 1 5 8 2 9 0 M A R K E T S T 32 6 0 1 9 . 5 1 . 3 7 6 3 . 0 0 0 O A K R I D G E P R O P @ P N E C K L L C 1 0 5 1 M I L I T A R Y C U T O F F R D S T E 2 0 0 W I L M I N G T O N N C 2 8 4 0 5 8 2 5 8 M A R K E T S T 32 6 0 1 9 . 5 2 . 5 1 1 5 . 0 0 0 O A K R I D G E P R O P @ P N E C K L L C P O B O X 6 0 0 W I L M IN G T O N N C 2 8 4 0 2 8 2 8 6 M A R K E T S T 32 6 0 1 8 . 4 2 . 7 0 1 5 . 0 0 0 P O R T E R S N E C K C E N T E R I N C 1 4 3 0 C O M M O N W E A L T H D R ST E 1 0 2 W I L M I N G T O N N C 2 8 4 0 3 8 2 0 5 M A R K E T S T 32 6 0 1 5 . 5 2 . 6 8 5 4 . 0 0 0 S C A R A F O N I A S S O C I A T E S I N C 5 A L L E N A V E M A N C H E S TE R M A 0 1 9 4 4 8 3 1 1 M A R K E T S T 32 6 0 1 5 . 5 2 . 4 6 5 1 . 0 0 0 S C A R A F O N I A S S O C I A T E S N C I N C 5 A L L E N A V E M A N C HE S T E R M A 0 1 9 4 4 8 2 1 9 M A R K E T S T 32 6 0 1 9 . 5 2 . 3 4 3 7 . 0 0 0 S C A R A F O N I A S S O C I A T E S N C I N C 5 A L L E N A V E M A N C HE S T E R M A 0 1 9 4 4 8 2 1 5 M A R K E T S T 32 6 0 1 5 . 5 2 . 2 8 1 1 . 0 0 0 Y O U N G J O H N A P E G G Y D 2 2 7 C O L V I L L E R D C H A R L O T TE N C 2 8 2 0 7 1 8 8 P O R T E R S N E C K R D Pl a n n i n g B o a r d - D e c e m b e r 7 , 2 0 1 7 IT E M : 2 - 7 - 1 2 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Transmittal October 19, 2017 To: Adjacent Property Owners From: Cindee Wolf Re: 168 & 178 Porters Neck Road My clients are interested in developing a hotel facility on these commercial lots. The parcels are within the proximity of your property. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. The County requires that the developer hold a meeting for all property owners within 500 feet of the development tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Wednesday, November 1st, 6:00 p.m. at the offices of Clarendon Properties, 107 Stokley Drive, Unit 101, Wilmington, NC 28403. If you cannot attend, you are also welcome to contact me at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. Planning Board - December 7, 2017 ITEM: 2 - 7 - 13 Pl a n n i n g B o a r d - D e c e m b e r 7 , 2 0 1 7 IT E M : 2 - 7 - 1 4 Por t e r ' s N e c k R o a d (Pr i v a t e R / W ) BK 5 3 7 6 P G 3 7 0 Pr i v a t e 2 5 ' A c c e s s R o a d BK 5 1 7 1 P G 2 6 0 5 , M B 3 7 P G 6 2 Sh o p p i n g C e n t e r T r a c t Paved Street(Private R/W)BK 5376 PG 370Paved Street (Private R/W)BK 5376 PG 370 (5 ) S t o r y 15 0 R o o m H o t e l 16 1 P a r k i n g S p a c e 17 20 3 9 9 8 16 4 13 18 24 9 9 12 Pa t i o / P o o l Dr a w n B y Ch e c k e d B y Is s u e D a t e Pr o j e c t N o Re v i s i o n Da t e Sh e e t T i t l e Pr o j e c t Sh e e t N u m b e r Ow n e r ALL DESIGNS, DRAWINGS AND SPECIFICATIONS DEPICTED ON THIS SHEET ARE THE PROPERTY OF R IV ARCHITECTURE, P.A.. ANY UNAUTHORIZED USE OR REPRODUCTION IS SUBJECT TO LEGAL PROSECUTION. POSSESSION IN ANY FORM CONSTITUTES ACCEPTANCE OF THESE CONDITIONS. COPYRIGHT 2011 73 0 1 R i v e r s A v e n u e MJ R 09 . 0 7 . 2 0 1 7 17 0 x x x HO T E L Po r t e r ' s N e c k R o a d Wi l m i n g t o n , N C CC W H o s p i t a l i t y L L C Su i t e 3 1 0 75 1 W e s t F o u r t h S t r e e t Wi n s t o n S a l e m , N C 2 7 1 0 1 MA R Planning Board - December 7, 2017ITEM: 2- 7 - 15 PROPOSED SITE PLAN Planning Board - December 7, 2017 ITEM: 2 - 8 - 1 Pl a n n i n g B o a r d - D e c e m b e r 7 , 2 0 1 7 IT E M : 2 - 9 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 7, 2017 TECHNICAL REVIEW COMMITTEE REPORT DEPARTMENT: Planning PRESENTER(S): Current Planner Brad Schuler CONTACT(S): Brad Schuler; Sam Burgess SUBJECT: Techni cal Revi ew Commi ttee Report - September, October & November 2017 BRIEF SUMMARY: The New Hanove r County Te c hnical Review Committee met in September, October, and November to review six site plans. The report is attached. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • . RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear report. No action required. ATTACHMENTS: TRC Report-Sept-Nov 2017 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - December 7, 2017 ITEM: 3 Page 1 of 3 TECHNICAL REVIEW COMMITTEE REPORT to THE PLANNING BOARD SEPTEMBER/OCTOBER/NOVEMBER, 2017 New Hanover County’s Technical Review Committee (TRC) met once each month in September, October, and November and approved six (6) preliminary residential site plans. September 13, 2017 Site Plans 1) Saddlebred Acres (Conventional Plan)  Applicant: Tripp Engineering  Request: One (1) year preliminary residential site plan extension  Location: 3600 block Prince George Avenue (Castle Hayne Community)  Number Lots: 8  Acreage: 7.83  Zoning District: RA – Rural Agricultural  Water Service: Private (well)  Sewer Service: Private (septic)  Road Designation: Public (to eventually be maintained by NCDOT)  Comp Plan Designation: Rural Residential  Transportation Impact: None  Conservation Resources: None  Nearby Schools: Eaton & Castle Hayne Elementary (over-capacity) Holly Shelter Middle Laney High (over-capacity) 2) Waterstone (Performance Plan)  Applicant: Triump Development  Request: Preliminary residential site plan approval  Location: 100 block Edgewater Club Road (Porters Neck Community)  Number Lots: 167  Acreage: 91.15  Zoning District: R-20 Residential  Water Service: Public (CFPUA)  Sewer Service: Public (CFPUA)  Road Designation: Public (to eventually be maintained by NCDOT)  Comp Plan Designation: General Residential  Transportation Impact: Yes (TIA completed)  Conservation Resources: Yes (COD area & setbacks delineated on plan)  Nearby Schools: Eaton & Blair Elementary (over-capacity) Holly Shelter Middle Laney High (over-capacity) Planning Board - December 7, 2017 ITEM: 3 - 1 - 1 Page 2 of 3 October 11, 2017 Site Plans 3) Village at Motts Landing: Phase 2D (Performance Plan)  Applicant: Tripp Engineering  Request: Preliminary residential site plan approval  Location: 60 Sanders Road (Monkey Junction area)  Number Lots: 4  Acreage: 6.9  Zoning District: R-15 Residential  Water Service: Private (Aqua of North Carolina)  Sewer Service: Public (CFPUA)  Road Designation: Public (to eventually be maintained by NCDOT)  Comp Plan Designation: General Residential  Transportation Impact: Yes, TIA completed  Conservation Resources: None  Nearby Schools: Codington & Bellamy Elem. (over-capacity) Murray Middle (over-capacity) Ashley High (over-capacity) 4) Sunset Reach (Performance Plan)  Applicant: Hoosier Daddy  Request: Preliminary residential site plan approval  Location: 1200 block Rockhill Road (Wrightsboro Community)  Number Lots: 68  Acreage: 27.22  Zoning District: R-15 Residential  Water Service: Public (CFPUA)  Sewer Service: Public (CFPUA)  Road Designation: Private (to be maintained by HOA)  Comp Plan Designation: General Residential  Conservation Resources: Yes, no impact to resources  Nearby Schools: Eaton & Castle Hayne Elem. (over-capacity) Holly Shelter Middle Laney High (over-capacity) November 8, 2017 Site Plans 5) Kaylies Cove: Phase 4 (Performance Plan)  Applicant: Stroud Engineering  Request: Preliminary residential site plan approval  Location: 900 block Piner Road (Monkey Junction area)  Number Lots: 31  Acreage: 12.4  Zoning District: R-15 Residential  Water Service: Public (CFPUA)  Sewer Service: Public (CFPUA Planning Board - December 7, 2017 ITEM: 3 - 1 - 2 Page 3 of 3  Road Designation: Private (to be maintained by HOA)  Comp Plan Designation: General Residential  Conservation Resources: None  Transportation Impact: Yes, under review  Nearby Schools: Bellamy & Codington Elementary (over-capacity) CRECC – Pre K Myrtle Grove Middle (over-capacity) Ashley High (over-capacity) 6) Carolina Inlet View (Performance Plan)  Applicant: Beyond Beautiful, LLC  Request: One (1) year preliminary residential plan extension  Location: 1500 block Burnett Road (Seabreeze Community)  Number Lots: 7  Acreage: 2.9  Zoning District: R-15  Water Service: Private (community well)  Sewer Service: Private (Aqua of North Carolina)  Road Designation: Private  Comp Plan Designation: General Residential  Conservation Resources: Yes, no impact to resource  Transportation Impact: None  Nearby Schools: Codington & Carolina Beach Elem. (over-capacity) Murray Middle (over-capacity) Ashley High (over-capacity) Planning Board - December 7, 2017 ITEM: 3 - 1 - 3 Planning Board - December 7, 2017 ITEM: 3 - 1 - 4 Planning Board - December 7, 2017 ITEM: 3 - 1 - 5 This page intentionally left blank. Planning Board - December 7, 2017 ITEM: 3 - 1 - 6 REVIEWED: DRAWN: JOB NO: PREPARED BY: PREPARED FOR: SCALE: SHEET: DATE: TRC EXHIBIT WATERSTONE NEW HANOVER COUNTY, NC HAR-STE INVESTMENTS, LLC J-25178.0000 CCR JHR August 15, 2017 E1.1 1" = 100' 611 Burroughs & Chapin Boulevard • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 www.thomasandhutton.com Planning Board - December 7, 2017 ITEM: 3 - 1 - 7 REVIEWED: DRAWN: JOB NO:J- PREPARED BY: PREPARED FOR: SCALE: SHEET: DATE: www.thomasandhutton.com 611 Burroughs & Chapin Boulevard • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 TRC EXHIBIT WATERSTONE NEW HANOVER COUNTY, NC HAR-STE INVESTMENTS, LLC J-25178.0000 CCR JHR August 15, 2017 E1.2 1" = 100' Planning Board - December 7, 2017 ITEM: 3 - 1 - 8 Planning Board - December 7, 2017 ITEM: 3 - 1 - 9 Planning Board - December 7, 2017 ITEM: 3 - 1 - 10 41 40 39 38 37 36 35 34 23 33 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 24 25 26 27 28 29 30 31 32 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 41 40 39 38 37 36 35 34 23 33 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 24 25 26 27 28 29 30 31 32 44 45 46 47 48 49 50 51 52 53 Pl a n n i n g B o a r d - D e c e m b e r 7 , 2 0 1 7 IT E M : 3 - 1 - 1 1 This page intentionally left blank. 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