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HomeMy WebLinkAbout01042018 January 4 2018 PB Agenda PackageAGENDA NEW HANOVER COUNTY PLANNING BOARD Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC ERNEST W. OLDS, CHAIRMAN - THOMAS "JORDY" RAWL, VICE-CHAIRMAN PAUL D. BONEY, BOARD MEMBER - H. ALLEN POPE, BOARD MEMBER DONNA GIRARDOT, BOARD MEMBER - EDWARD T. (TED) SHIPLEY, III, BOARD MEMBER DAVID WEAVER, BOARD MEMBER WAYNE CLARK, PLANNING DIRECTOR AND LAND USE DIRECTOR - KENNETH VAFIER, PLANNING MANAGER JANUARY 4, 2018 6:00 PM Meeting Called To Order Pledge of Allegiance Approve December 7, 2017 Meeting Minutes REGULAR ITEMS OF BUSINESS The Planning Board may consider substantial changes in these petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. 1 Public Hearing Rezoning Request (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. This item was continued from the December 7, 2017 Planning Board meeting. 2 Public Hearing Rezoning Request (Z17-13) – Request by Right Angle Engineering, on behalf of the property owner, McCormick Ventures, LLC, to modify the conditions of the Northchase Planned Development to allow for an additional driveway access to N. College Road from property located at 4616 Coddington Loop. 3 Public Hearing Special Use Permit Request (S17-04) – Request by Design Solutions, on behalf of the property owner, CWEST, LLC, for a special use permit for a camping and travel trailer park on 3.6 acres of land located at 9533 & 9617 River Road. TECHNICAL REVIEW COMMITTEE REPORT 1 Technical Review Committee Report (December 2017) OTHER ITEMS 1 Other Business Planning Board - January 4, 2018 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2018 REGULAR DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): SUBJECT: Public Hearing Rezoning Request (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. This item was continued from the December 7, 2017 Planning Board meeting. BRIEF SUMMARY: Lee Law Firm, on behalf of the property owners, Lloyd C. Brinkley, Jr. Et Al, is requesting to rezone 2.5 acres of land located at 106 Oak Ridge Lane from (CUD) B-1 to (CZD) B-1in order to develop an automobile service station. The property is located in an area of Market 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 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. The applicant has provided trip generation numbers for the proposed development and for the existing nursery. Those numbers illustrate that the proposal will not generate more than an additional 100 peak hour trips and therefore, a Traffic Impact Analysis was not required to be completed. The 2016 Comprehensive Land Use Plan classifies the subject property as Community Mixed Use. This Place Type promotes 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. Overall, the proposed rezoning is CONSISTENT with the Comprehensive Plan. 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. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs Planning Board - January 4, 2018 ITEM: 1 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following 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. 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-tall solid fence must be installed along the rear buffer yard. ATTACHMENTS: Z17-11 Script for PB Z17-11 Staff Summary Z17-11 Neighbor Properties Map Z17-11 Zoning Map Z17-11 FLU Map Application Materials Cover Sheet Z17-11 Application Package Proposed Site Plan Cover Sheet Z17-11 Proposed Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - January 4, 2018 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 rebuttal (up to 5 minutes) e. Opponent’s 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 t he 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-tall 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 - January 4, 2018 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 - January 4, 2018 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 - January 4, 2018 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 - January 4, 2018 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 - January 4, 2018 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. NCDOT has performed a preliminary review of the plan and the required driveway improvements, including a four-foot-wide concrete median on Greenview Drive, are illustrated on the site plan. 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 - January 4, 2018 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 - January 4, 2018 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 - January 4, 2018 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 - January 4, 2018 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 - January 4, 2018 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-tall solid fence must be installed along the rear buffer yard. Planning Board - January 4, 2018 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 MAR K E T S T BAYSHORE D R GRE E N V I E W D R LOST T R E E R D OAK R I D G E L N WINDSONG R D MA L L O W R D S C O R P I O N D R PRIVATE BRIEF R D TORC H W O O D B L V ALE X A N D E R R D YVO N N E R D BER T H A R D AMA R Y L L I S D R TH A I S T R L G U N R A V E N L N RID G E V I E W P L 500 Feet ®HNC Z17-11 R-15 O&I B-2 CUD B-1 CUD O&I MARK E T S T GREE N V I E W D R OAK R I D G E L N LOST T R E E R D ELKM O N T C T BER T H A R D BAYSHORE DR TORCH W O O D B L V CAU T H E N W A Y ALEX A N D E R R D Z17-11 Parcels within 500 Feet of Case Site Case:Conditional ZoningDistrict Request: Z17-11 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 7500 blockMarket St (CUD) B-1/Nursery (CZD) B-1/Automobile Service Station Case Site Neighboring Parcels(within 500 feet) 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 Address Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 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 MAR K E T S T BAYSHORE D R GRE E N V I E W D R LOST T R E E R D OAK R I D G E L N WINDSONG R D TOR C H W O O D B L V MA L L O W R D ELK M O N T C T BRIEF R D ALE X A N D E R R D DIA N E D R YVO N N E R D BER T H A R D PETER S L N AMA R Y L L I S D R CAU T H E N W A Y ROC H E L L E R D TH A I S T R L ESSARY P L CO K E R C T AL C O A W A Y G U N R A V E N L N COR U M L N RID G E V I E W P L 500 Feet ®HNC Z17-11 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: Z17-11 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 7500 blockMarket St (CUD) B-1/Nursery Sewer Collector Water Distribution Main (CZD) B-1/Automobile Service Station Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 1 - 4 - 1 GENERAL RESIDENTIAL COMMUNITY MIXED USEMAR K E T S T BAYSHORE D R GRE E N V I E W D R LOST T R E E R D OAK R I D G E L N WINDSONG R D TOR C H W O O D B L V MA L L O W R D ELK M O N T C T BRIEF R D ALE X A N D E R R D DIA N E D R YVO N N E R D BER T H A R D PETER S L N AMA R Y L L I S D R CAU T H E N W A Y ROC H E L L E R D TH A I S T R L ESSARY P L CO K E R C T AL C O A W A Y G U N R A V E N L N COR U M L N RID G E V I E W P L 500 Feet ®HNC Z17-11 Place Types Commerce Zone Employment Center General Residential Urban Mixed Use Community Mixed Use Rural Residential Conservation Case:Conditional ZoningDistrict Request: Z17-11 Existing Zoning/Use: Proposed Zoning/Use:Site Address: 7500 blockMarket St (CUD) B-1/Nursery (CZD) B-1/Automobile Service Station Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 1 - 5 - 1 APPLICANT MATERIALS Planning Board - January 4, 2018 ITEM: 1 - 6 - 1 Planning Board - January 4, 2018 ITEM: 1 - 6 - 2 Planning Board - January 4, 2018 ITEM: 1 - 7 - 1 Planning Board - January 4, 2018 ITEM: 1 - 7 - 2 Planning Board - January 4, 2018 ITEM: 1 - 7 - 3 Planning Board - January 4, 2018 ITEM: 1 - 7 - 4 Planning Board - January 4, 2018 ITEM: 1 - 7 - 5 Planning Board - January 4, 2018 ITEM: 1 - 7 - 6 Planning Board - January 4, 2018 ITEM: 1 - 7 - 7 Planning Board - January 4, 2018 ITEM: 1 - 7 - 8 Planning Board - January 4, 2018 ITEM: 1 - 7 - 9 Planning Board - January 4, 2018 ITEM: 1 - 7 - 10 Planning Board - January 4, 2018 ITEM: 1 - 7 - 11 Planning Board - January 4, 2018 ITEM: 1 - 7 - 12 Planning Board - January 4, 2018 ITEM: 1 - 7 - 13 Planning Board - January 4, 2018 ITEM: 1 - 7 - 14 Planning Board - January 4, 2018 ITEM: 1 - 7 - 15 Planning Board - January 4, 2018 ITEM: 1 - 7 - 16 PROPOSED SITE PLAN Planning Board - January 4, 2018 ITEM: 1 - 8 - 1 Planning Board - January 4, 2018 ITEM: 1 - 8 - 2 Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 1 - 9 - 1 Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 1 - 9 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2018 REGULAR DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): SUBJECT: Public Hearing Rezoning Request (Z17-13) – Request by Right Angle Engineering, on behalf of the property owner, McCormick Ventures, LLC, to modify the conditions of the Northchase Planned Development to allow for an additional driveway access to N. College Road from property located at 4616 Coddington Loop. BRIEF SUMMARY: Right Angle Engineering, on behalf of the property owner, McCormick Ventures, LLC, is requesting to modify the conditions of the Northchase Planned Development to allow for an additional driveway access to N. College Road from property located at 4616 Coddington Loop. Similar to conditional zoning districts, planned developments are approved with a master plan which illustrates the general design and layout of the development. Approved planned developments must be constructed in accordance with the approved master plan, with only minor changes capable of being approved by staff. Requests for major changes, like this application, must follow the same review process as a new rezoning application, which includes public hearings with the Planning Board and Board of Commissioners. The Northchase Planned Development, consisting of approximately 700 acres, was originally approved in 1985. As part of that approval, the development was limited to six access points to N. College Road. The six access points connect to an internal street network that provides access to all of the properties within Northchase, including both the residential and commercial portions of the development. The applicant is requesting to install an additional driveway access point to N. College Road from a 1.15-acre parcel located at 4616 Coddington Loop Road. The subject property is currently classified as “Commercial” on the Northchase Master Plan, which would allow for land uses permitted in the B- 1 and B-2 zoning districts. The applicant states that a driveway at this location would improve business visibility, access, and deliveries by large trucks. The 2016 Comprehensive Land Use Plan classifies the subject property as Employment Center. This Place Type Serves as employment and production hub where office and light industrial uses predominate. Overall, the proposed access point is in general NOT CONSISTENT with the purpose and intent of the Comprehensive Plan. Allowing additional access points to N. College Rd. will contribute to more opportunities for traffic conflicts on a key arterial to an anticipated growth node. Planning Board - January 4, 2018 ITEM: 2 STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends denial and suggests the following motion: Motion to recommend denial, as the Board finds that this request to modify the conditions of the Northchase Planned Development to allow for an additional driveway access to N. College Road, as described is: 1. Not consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed driveway will contribute to more traffic conflicts on a key arterial street to an anticipated growth node. 2. Not reasonable and not in the public interest because the proposed driveway will add an additional conflict point on N. College Road, thereby increasing the opportunities for traffic congestion and decreasing the overall safety of the road. In addition, the proposed driveway will not improve the access or vehicular circulation to neighboring commercial properties within Northchase as they are already served by an existing internal roadway network. ATTACHMENTS: Z17-13 Script for PB Z17-13 Staff Summary PB Z17-13 Neighboring Properties Map Z17-13 Zoning Map Z17-13 FLU Map Application Materials Cover Sheet Z17-13 Application Package Proposed Site Plan Cover Sheet Z17-13 Proposed Site Plan Other Materials Cover Sheet NCDOT Email COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - January 4, 2018 ITEM: 2 SCRIPT for Planned Development Modification Application (Z17-13) Request by Right Angle Engineering, on behalf of the property owner, McCormick Ventures, LLC, to modify the conditions of the Northchase Planned Development to allow for an additional driveway access to N. College Road from property located at 4616 Coddington Loop. 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 rebuttal (up to 5 minutes) e. Opponent’s 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 denial, as the Board finds that this request to modify the conditions of the Northchase Planned Development to allow for an additional driveway access to N. College Road, as described is: 1. Not consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed driveway will contribute to more traffic conflicts on a key arterial street to an anticipated growth node. 2. Not reasonable and not in the public interest because the proposed driveway will add an additional conflict point on N. College Road, thereby increasing the opportunities for traffic congestion and decreasing the overall safety of the road. In addition, the proposed driveway will not improve the access or vehicular circulation to neighboring commercial properties within Northchase as they are already served by an existing internal roadway network. Alternative Motion for Approval/Denial: Motion to recommend [Approval/Denial], as the Board finds that this request to modify the conditions of the Northchase Planned Development to allow for an additional driveway access to N. College Road, as described 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 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 - January 4, 2018 ITEM: 2 - 1 - 1 Z17-13 Staff Summary PB Page 1 of 10 STAFF SUMMARY OF Z17-13 PLANNED DEVELOPMENT (MODIFICATION) APPLICATION APPLICATION SUMMARY Case Number: Z17-13 Request: To modify the conditions of the Northchase Planned Development in order to allow for an additional driveway access to N. College Road. Applicant: Property Owner(s): Shane Lippard of Right Angle Engineering, PC McCormick Ventures, LLC Location: Acreage: 4616 Coddington Loop 1.15 PID(s): Comp Plan Place Type: R02611-001-009-000 Employment Center Current Zoning: Existing Land Use: Planned Development (PD) Undeveloped Proposed Zoning: Planned Development (PD) SURROUNDING AREA LAND USE ZONING North Child Care Facility PD East Office/Warehouse, Contractor Offices PD South Undeveloped PD West Single-Family Residential PD Planning Board - January 4, 2018 ITEM: 2 - 2 - 1 Z17-13 Staff Summary PB Page 2 of 10 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 8B) July 1, 1985 Property rezoned to Planned Development (PD) (Z-231) 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 Murrayville Station Schools Castle Hayne Elementary, Eaton Elementary, Trask Middle, and Laney High Schools Recreation Olsen Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources TRANSPORTATION  Access is provided to the subject property by Northchase Parkway NE (SR 2652) and Coddington Loop Road, a private road. Traffic Counts Road Location Volume Capacity V/C LOS N. College Road Blue Clay to Parmele 10,242 16,200 0.63 C N. College Road Castle Hayne Road to Old Oakland 8,122 16,200 0.50 A/B Planning Board - January 4, 2018 ITEM: 2 - 2 - 2 Z17-13 Staff Summary PB Page 3 of 10 Nearby Planned Transportation Improvements and Traffic Impact Analyses Regional Transportation Plans:  The NHC/City of Wilmington Greenway Plan recommends that a greenway network be installed in the surrounding area, including a bicycle lane along the portion of N. College Road adjacent to the subject property. 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. Listed below are projects within a one-mile radius from the subject site that are currently drafting a TIA or have completed a TIA within the last five years. Planning Board - January 4, 2018 ITEM: 2 - 2 - 3 Z17-13 Staff Summary PB Page 4 of 10  APPROVED TIAs: Proposed Development Land Use/Intensity TIA Status 1. Cape Landing Subdivision  126 Single-family dwellings  TIA Approved December 21, 2017  2021 Build Out Year The TIA required improvements be completed at the intersection of N. College Road and Blue Clay Road. The major improvement consisted of:  Extension of an eastbound right turn lane on Blue Clay Road, and restriping of existing lane on N. College Road. The improvements have not been completed at this time. Nearby Proposed Developments included within the TIA:  Cape Fear Community College North Campus Expansion Development Status: Phase I, consisting of 62 lots, has been constructed. 2. State Employees’ Credit Union  8,526 square foot bank with drive-thru.  TIA Approved December 17, 2015  2017 Build Out Year The TIA required improvements be completed at certain intersections in the area. The major improvement consisted of:  Installation of an eastbound right turn lane on Northchase Parkway SE at the site access. In addition, NCDOT denied a driveway access to N. College Road from the subject site. The project is currently under construction. Nearby Proposed Developments included within the TIA:  None Development Status: Under Construction Planning Board - January 4, 2018 ITEM: 2 - 2 - 4 Z17-13 Staff Summary PB Page 5 of 10 3. Cape Fear Community College – North Campus  733,000 square feet of buildings, an athletic field and an increase in student population from 2,846 students to 4,268. o Phase I: Two buildings totaling 138,000 square feet.  TIA approved October 10, 2013  Phase 1: 2015 Build Out Year, Full Build Out: 2033 The TIA required improvements to be made at certain intersections in the area. The major improvements consisted of:  Installation of multiple turn lanes on Sidbury Road at two of the three access points. Per NCDOT, the improvements required at this time have been installed in accordance with their standards. Nearby Proposed Developments included within the TIA:  Exton Park (114 townhome development)  Parsons Mills (354 unit residential subdivision) Development Status: Phase I has been constructed. ENVIRONMENTAL  The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas.  The subject property is within the Prince George Creek (C;Sw) watershed.  Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) and Class III (severe limitation) soils. PROPOSED MODIFICATION This application proposes to modify the conditions of the Northchase Planned Development. Similar to conditional zoning districts, planned developments are approved with a master plan which illustrates the general design and layout of the development. Approved planned developments must be constructed in accordance with the approved master plan, with only minor changes capable of being approved by staff. Requests for major changes, like this application, must follow the same review process as a new rezoning application, which includes public hearings with the Planning Board and Board of Commissioners. The Northchase Planned Development, consisting of approximately 700 acres, was originally approved in 1985. As part of that approval, the development was limited to six access points to N. College Road; which are highlighted on the map below. The six access points connect to an internal street network that provides access to all of the properties within Northchase, including both the residential and commercial portions of the development. Planning Board - January 4, 2018 ITEM: 2 - 2 - 5 Z17-13 Staff Summary PB Page 6 of 10 Planning Board - January 4, 2018 ITEM: 2 - 2 - 6 Z17-13 Staff Summary PB Page 7 of 10 The applicant is requesting to install an additional driveway access point to N. College Road from a 1.15-acre parcel located at 4616 Coddington Loop Road. The subject property is currently classified as “Commercial” on the Northchase Master Plan, which would allow for land uses permitted in the B-1 and B-2 zoning districts. The applicant states that a driveway at this location would improve business visibility, access, and deliveries by large trucks. When the subject property was first created through a subdivision plat in 1999, access was provided to the property by a 30-foot access easement, where a driveway was previously installed connecting to Northchase Parkway NE. In 2007, a document was recorded in the Register of Deeds that abandoned that easement and dedicated a new 50-foot easement in order for the subject property to utilize Coddington Loop for access and utility purposes (Book 5160, Page 1614). Two properties located directly north of the subject property already use Coddington Loop as their sole access. The location of the proposed driveway would be approximately 300 feet north of the intersection of N. College Road and Northchase Parkway NE. Planning Board - January 4, 2018 ITEM: 2 - 2 - 7 Z17-13 Staff Summary PB Page 8 of 10 Proposed Driveway Plan 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. Planning Board - January 4, 2018 ITEM: 2 - 2 - 8 Z17-13 Staff Summary PB Page 9 of 10 Future Land Use Map Place Type Employment Center Place Type Description Serves as employment and production hub where office and light industrial uses predominate. Can also include residential, civic, and recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. Analysis The Comprehensive Plan does not specifically address access management along roadways, and the place type description offers limited guidance for evaluating the applicant’s petition. Employment Center areas are primarily intended to accommodate high job generating businesses. Residential and commercial uses are encouraged in these areas in order to provide nearby housing for workers at those businesses and needed services for those workers. Ideally, commercial uses in this place type are not intended to serve the general motoring public. The existing direct access points on N. College Rd. effectively serve the Employment Center's business and other uses while reducing the likelihood of traffic congestion common on many of the County’s roads (Market St., S. College Rd., Carolina Beach Rd.) where frequent driveway cuts exist. Maintaining limits on driveway cuts on N. College Rd. is especially important given the location of the anticipated high growth area around CFCC North Campus, immediately north of the Employment Center area. High growth and high density without access control on the primary through-road has the potential to increase congestion and roadway conflicts. Consistency Recommendation The proposed access point is in general NOT CONSISTENT with the purpose and intent of the Comprehensive Plan. Allowing additional access points to N. College Rd. will contribute to more opportunities for traffic conflicts on a key arterial to an anticipated growth node. STAFF RECOMMENDATION Staff recommend denial of this application. The current roadway network in Northchase, which limits driveways to N. College Road, allows for better flow of the road by reducing conflict points. In addition, the property already has access to an internal roadway network that serves every commercial/industrial property located within the development; approximately 250 parcels of land. The proposed driveway will not improve the access or vehicular circulation to the neighboring properties that already utilize the existing internal roadway network. Staff also has concerns that allowance of an additional driveway at the subject property could start a precedent for adjacent property owners to seek the same request. Overall, the proposed driveway will only provide benefit to the subject property while increasing the opportunities for traffic congestion and additional driveways in a planned development that was designed to minimize conflict points on arterial street by providing a sufficient and effective internal street network that every existing business has utilized for their sole access. Planning Board - January 4, 2018 ITEM: 2 - 2 - 9 Z17-13 Staff Summary PB Page 10 of 10 Staff requested input from NCDOT regarding this application, and they stated “every additional driveway along Wilmington’s already congested major corridors represents an additional conflict point creating undue impairment of safety, mobility, and utility of the highway…” Further, NCDOT’s “Policy On Street and Driveway Access to North Carolina Highways” stipulates that NCDOT may deny access to the adjacent public roadway from “out lots” or “out parcels” of a larger development where reasonable access can be provided via the larger development’s internal circulation system. It is NCDOT’s stance that this subject parcel is part of the overall larger development and therefore should be served internally. NCDOT’s full position on this application is included in the Planning Board’s packet, in email correspondence sent to staff on December 14th. Staff concludes that this application is: 1. Not consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed driveway will contribute to more traffic conflicts on a key arterial street to an anticipated growth node. 2. Not reasonable and not in the public interest because the proposed driveway will add an additional conflict point on N. College Road, thereby increasing the opportunities for traffic congestion and decreasing the overall safety of the road. In addition, the proposed driveway will not improve the access or vehicular circulation to neighboring commercial properties within Northchase as they are already served by an existing internal roadway network. Planning Board - January 4, 2018 ITEM: 2 - 2 - 10 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! 3401 4608 4612 3328 4410 4696 4616 4604 4401 4503 4507 3413 3420 3314 33163324 4610 4605 4422 4510 4417 4409 4611 4502 4413 4405 4529 4607 4506 3317 3407 4411 3401 3408 4332 4304 3408 4301 4305 3320 3412 4309 3404 4300 3400 4410 4401 4407 3401 3417 3412 44093511 4415 3416 3414 4400 I-140 E I-140 W I - 4 0 E I - 4 0 W C O L L E G E R D N NORTHCHASE P K Y N E E N T E R P R I S E D R C O N S T A B L E W A Y BR U C E M O N T D R C O R P O R A T E D R W I C K E N D O N L N M E R C H A N T C T NO R T H C H A S E P K Y W CODDINGTON LP WYNFIELD D R A M M O N S D R TECHNOLOGY D R BELMO N T C I R GATEW O O D C T 750 Feet ®HNC Z17-13 PD I-2 O&I I-1 R-15 R-10 I-140 E I - 4 0 E I-140 W I - 4 0 W C O L L E G E R D N E N T E R P R I S E D R C O R P O R A T E D R BLUE CL A Y R D B R I N K M A N D R CH A N D L E R D R NORTHCHASE P K Y N E HEATHERRIDGE DR A M M O N S D R MABRY CT Z17-13 Parcels within 500 Feet of Case Site Case: Z17-13 Existing Zoning/Use: Proposed Zoning/Request:Site Address: 4616Coddington Lp PD/Undeveloped PD/Driveway Modification Case Site Neighboring Parcels(within 500 feet) 3314 BELMONT CIR 4336 WYNFIELD DR 3316 BELMONT CIR 4400 NORTHCHASE PKY NE3317 BELMONT CIR 4401 COHAN CIR 3320 BELMONT CIR 4401 NORTHCHASE PKY NE3322 BELMONT CIR 4405 COHAN CIR 3324 BELMONT CIR 4407 NORTHCHASE PKY NE3328 BELMONT CIR 4409 COHAN CIR 3400 CONSTABLE WAY 4409 NORTHCHASE PKY NE3401 ENTERPRISE DR 4410 COHAN CIR 3401 ENTERPRISE DR 4410 NORTHCHASE PKY NE3401 ENTERPRISE DR 4411 NORTHCHASE PKY NE3404 CONSTABLE WAY 4413 COHAN CIR 3407 ENTERPRISE DR 4415 NORTHCHASE PKY NE3408 CONSTABLE WAY 4417 COHAN CIR 3408 ENTERPRISE DR 4422 COHAN CIR 3412 CONSTABLE WAY 4502 CODDINGTON LP 3412 ENTERPRISE DR 4503 CODDINGTON LP 3413 ENTERPRISE DR 4506 CODDINGTON LP 3414 ENTERPRISE DR 4507 CODDINGTON LP 3416 ENTERPRISE DR 4510 CODDINGTON LP 3417 ENTERPRISE DR 4529 CODDINGTON LP 3420 ENTERPRISE DR 4604 CODDINGTON LP 3511 COLLEGE RD N4605 CODDINGTON LP 4300 VICAR CT 4607 TIVERTON WAY 4301 VICAR CT 4608 CODDINGTON LP 4304 VICAR CT 4610 TIVERTON WAY 4305 VICAR CT 4611 TIVERTON WAY 4308 VICAR CT 4612 CODDINGTON LP 4309 VICAR CT 4616 CODDINGTON LP 4332 WYNFIELD DR 4696 CODDINGTON LP Physical Address Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 2 - 3 - 1 PD R-10 I-2 R-15 O&I I-140 EI-140 W I - 4 0 E I - 4 0 W C O L L E G E R D N E N T E R P R I S E D R NORTHCHASE P K Y N E C O N S T A B L E W A Y C O R P O R A T E D R BR U C E M O N T D R W I C K E N D O N L N NO R T H C H A S E P K Y W M E R C H A N T C T CODDINGTON LP WYNFIELD DR A M M O N S D R CH A N D L E R D R TIVERTON WAY COHAN CIR TECHNOLOGY D R P R I V A T E PARA M O U N T W A Y BELMO N T C I R GATEW O O D C T 750 Feet ®HNC Z17-13 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 Sewer Collector Water Distribution Main Case: Z17-13 Existing Zoning/Use: Proposed Zoning/Request:Site Address: 4616Coddington Lp PD/Undeveloped PD/Driveway Modification Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 2 - 4 - 1 EMPLOYMENT CENTERGENERAL RESIDENTIAL COMMUNITY MIXED USE URBAN MIXED USEI-140 E I-140 W I - 4 0 E I - 4 0 W C O L L E G E R D N E N T E R P R I S E D R NORTHCHASE P K Y N E C O N S T A B L E W A Y C O R P O R A T E D R BR U C E M O N T D R W I C K E N D O N L N NO R T H C H A S E P K Y W M E R C H A N T C T CODDINGTON LP A M M O N S D R CH A N D L E R D R TIVERTON WAY COHAN CIR TECHNOLOGY D R PRIVATE PARA M O U N T W A Y BELMO N T C I R GATEW O O D C T 750 Feet ®HNC Z17-13 Place Types Commerce Zone Employment Center General Residential Urban Mixed Use Community Mixed Use Rural Residential Conservation Case: Z17-13 Existing Zoning/Use: Proposed Zoning/Request:Site Address: 4616Coddington Lp PD/Undeveloped PD/Driveway Modification Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 2 - 5 - 1 APPLICANT MATERIALS Planning Board - January 4, 2018 ITEM: 2 - 6 - 1 Planning Board - January 4, 2018 ITEM: 2 - 6 - 2 Page 1 of 7 Conditional Zoning District Application – Updated 5/2017 NEW HANOVER COUNTY_______________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798-7165 FAX (910) 798-705 planningdevelopment.nhcgov.com CONDITIONAL ZONING DISTRICT Application REVIEW PROCESS Step 1: Pre -Application Conference (Optional) In order to assist applicants through the conditional rezoning process, applicants are highly encouraged to contact staff to schedule a pre -application conference prior to application submittal. Applicants are requested to review the sections of the Zoning Ordinanc e specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments, and conditional zoning districts: • Section 55.3: Conditional Zon ing District • Section 110: Amending the Ordinance • Section 111: Petition • Section 112: Approval Process Step 2: Community Meeting Prior to application, at least one community information meeting must be held, and a report summarizing the community information meeting is required as part of the application . The primary purpose of the community meeting is to explain the upcoming proposal and field questions from people in the surrounding area. The meeting should focus on information exchange between an applicant and the specific invitees but should be open to the general public as well. The community meeting shall comply with the following procedures:  Notification o Mailed Notice  The applicant must provide written notice by mail or other agreed upon measure at least ten days prior to the date of the community meeting. Notice shall be provided to each owner of record of land and any current tenants within 500 feet of and on the property for which dev elopment approvals are sought. o E-Mailed Notice  The applicant must provide the Department of Planning & Land Use with a completed community notice template in a digital format at least twelve days prior to the date of the community meeting. The notice will be provided to organizations entitled to notice based on a standing written request on file with the Clerk to the Planning Board (“Sunshine List”).  Written Summary The written summary of the community meeting included in the application must include, at a minimum the following: 1. A list of those that were not able to be contacted and reason(s) why contact was not successful; 2. Date, time and location of the meeting; 3. Roster of the persons in attendance at the meeting; 4. Summary of issues discussed at the meeting; and 5. Description of any changes or adjustments to the application made by the petitioner as a result of the community meeting. Planning Board - January 4, 2018 ITEM: 2 - 7 - 1 Page 2 of 7 Conditional Zoning District Application – Updated 5/2017 Step 3: Application Submittal Applications must be received by the Department of Planning & Land Use by 5:00 PM on the application deadline date. A complete application consists of the items detailed in the submittal checklist provided in this application. A schedule of application deadlines is available at planningdevelopment.nhcgov.com or in the Department of Planning & Land Use office. Step 4: Staff Review and Recommendation Upon receiving a completed application, staff may distribute it to certain departments and agencies for review. County Planning staff will review the application, prepare a staff report, and provide a recommendation on the application. Staff may propose additional conditions and requirements beyond those listed in the petition/application. Step 5: Planning Board Review and Recommendation The New Hanover County Planning Board will consider the application at a public hearing. The Department of Planning & Land Use will notify the public of this hearing in accordance with standards of the Zoning Ordinance. This includes sending mailed notic e to nearby residents, posting a sign on the subject property, and advertising the hearing in a local newspaper. The public hearing will allow staff, the applicant, proponents and opponents to testify in regards to the request. The Planning Board will make a recommendation to the County Commissioners . A recommendation for denial ends consideration of the proposed zoning amendment unless the recommendation is appealed. A recommendation for approval is automatically forwarded to the County Commissioners for action. The Planning Board may propose additional conditions and requirements beyond those listed in the petition/application. Step 6: Board of Commissioners Review and Action The New Hanover County Board of Commissioners will consider the application at a public hearing. The Department of Planning & Land Use will notify the public of this hearing in accordance with standards of the Zoning Ordinance. This includes sending mailed notice to nearby residents, posting a sign on the subject property, and advertising the hearing in a local newspaper. At the public hearing, the New Hanover County Board of Commissioners will consider the application along with the Planning Board’s and staff’s recommendation. Prior to adopting or rejecting any zoning amendme nt, the Commissioners shall adopt a statement describing whether or not the amendment is consistent with the County’s Policies for Growth and Development and explaining why the Commissioners consider the action taken as reasonable and in the public interest. The Commissioners may propose additional conditions or requirements beyond those contained in the petition/application.  The applicant should keep this section of the application for reference. It is not required to be included in the completed application that is submitted to the County. Planning Board - January 4, 2018 ITEM: 2 - 7 - 2 Page 3 of 7 Conditional Zoning District Application – Updated 5/2017 NEW HANOVER COUNTY_______________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING DISTRICT Application Applicant/Agent Information Property Owner(s) If different than Applicant/Agent Name Owner Name Company Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification Application Tracking Information (Staff Only) Case Number Date/Time received: Received by: Shane Lippard Right Angle Engineering, PC 212 Princess Street Wilmington, NC 28401 910-21-8544 raepcsl@bellsouth.net John K. McCormick 2716 Trademark Drive Wilmington, NC 28405 910-769-4137 mccormickventuresllc@gmail.com 4616 Coddington Loop R02611-001-009-000 1.15 Planned Development Employment Center Z17-13 11/30/17 BS Planning Board - January 4, 2018 ITEM: 2 - 7 - 3 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 Distr ict 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 propo sed 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. ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ PD 1.15 This request is to modify the existing conditional use of the Northchase Industrial park to allow this single parcel to connect the driveway directly to Hwy 132. The original conditional use for the entire 751.55 acres that made up Northchase, was predicated on the NCDOT allowing four roadway connections to Highway 132 and all lots within Northchase would be connected accordingly. The area has changed significantly since this conditional use of 1985 and the majority of properties have been built out. The proposed use on the site is for equipment sales and repair which having a dedicated driveway would improve the business visibility, access, and deliveries by large trucks. The proposed site plan depicts a right in/right out driveway connection onto Highway 132 while also adding a concrete island to prevent crossover access. This proposed site plan has received no objection from the NCDOT. No additional conditions are expected. Planning Board - January 4, 2018 ITEM: 2 - 7 - 4 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, c an 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? _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ General Light Industrial / Specialty Retail 5K/1K 12 8 This project would benefit the success of a business by allowing visibility, connectivity, and access for a local small business owner. The current property has not been developed since the inception of Northchase. While not necessarily considered infill, the development of this project would improve the built landscape along this stretch of Highway 132. The project is located directly adjacent to a growth node and within an employment center. This project would be consistent with the Future Land Use Plan. Traffic changes have occurred since the original Conditional Use in 1985. The NCDOT has no objection to the proposed driveway connection. Planning Board - January 4, 2018 ITEM: 2 - 7 - 5 Page 6 of 7 Conditional Zoning District Application – Updated 5/2017 APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications must be complete in order to process for further review. Required Information Applicant Initial Staff Initial 1 Complete Conditional Zoning District application . 2 Application fee – ($600 for 5 acres or less, $700 for more than 5 acres . An additional $300 fee must be provided for applications requiring TRC review ). 3 Community meeting written summary. 4 Traffic impact analysis (for uses that generate more than 100 peak hour trips ). 5 Legal description (by metes and bounds) or recorded survey Map Book and Page reference of the property requested for rezoning. 6 Site Plan including the following elements:  Tract boundaries and total area, location of adjoining parcels and roads .  Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and ar ea 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 use d.  Development schedule including proposed phasing.  Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right-of-way dedication, plans for access to and from the tract, location, width and right-of-way for internal streets and location, arrangement and access provision for parking areas.  All existing and proposed easements, reservations, required setbacks, rights-of-way, buffering and signage .  The one hundred (100) year floodplain line, if applicable .  Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance.  Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use Distric t regulations or other limitations on land which may be regulated by State law or Local Ordinance.  Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable). 7 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. 8 1 PDF digital copy of ALL documents AND plans. SL SL SL NA SL SL SL SL BS BS BS N/A BS BS BS BS Planning Board - January 4, 2018 ITEM: 2 - 7 - 6 Planning Board - January 4, 2018 ITEM: 2 - 7 - 7 DATE RIGHT ANGLE ENGINEERING, PC 212 Princess Street Wilmington, NC 28401 Tel. (910) 251-8544 Fax (910) 251-2208 Community Meeting Report November 16, 2017 5pm 4616 Coddington Loop Conditional Zoning Modification Shane Lippard Right Angle Engineering distributed a mailing detailing the conditions of the project and Community Meeting. The mailing list was developed from New Hanover County tax records and 42 notices were mailed out November 2, 2017. Two mailings were returned undeliverable. The meeting was held at Northside Baptist Church Family life center. There were no public attendees at the meeting, only the Owner, Owner’s Attorney, myself, and Brad Schuler with New Hanover County. The meeting was adjourned at 6 pm with no questions about the project. PPROJECT REPORT BY Planning Board - January 4, 2018 ITEM: 2 - 7 - 8 Planning Board - January 4, 2018 ITEM: 2 - 7 - 9 Planning Board - January 4, 2018 ITEM: 2 - 7 - 10 Planning Board - January 4, 2018 ITEM: 2 - 7 - 11 Planning Board - January 4, 2018 ITEM: 2 - 7 - 12 Planning Board - January 4, 2018 ITEM: 2 - 7 - 13 PROPOSED SITE PLAN Planning Board - January 4, 2018 ITEM: 2 - 8 - 1 Planning Board - January 4, 2018 ITEM: 2 - 8 - 2 Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 2 - 9 - 1 OTHER MATERIALS Planning Board - January 4, 2018 ITEM: 2 - 10 - 1 Planning Board - January 4, 2018 ITEM: 2 - 10 - 2 Planning Board - January 4, 2018 ITEM: 2 - 11 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2018 REGULAR DEPARTMENT: PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): SUBJECT: Public Hearing Special Use Permit Request (S17-04) – Request by Design Solutions, on behalf of the property owner, CWEST, LLC, for a special use permit for a camping and travel trailer park on 3.6 acres of land located at 9533 & 9617 River Road. BRIEF SUMMARY: Design Solutions, applicant, on behalf of CWEST, LLC, is requesting a special use permit in order to develop a camping and travel trailer park on 3.6 acres of land located at 9533 & 9617 River Road. The property located just south of an existing travel trailer park. A few single-family homes are also located in the area. The proposed development will consist of 44 camping sites and a management office/restroom facility. Access to the property will be provided by two driveways off River Road. This proposal is anticipated to generate 14 trips in the AM peak, and 21 in the PM peak, and therefore a Traffic Impact Analysis was not required to be completed for the application. The 2016 Comprehensive Land Use Plan classifies the subject property as General Residential. The proposed development is CONSISTENT with the place type as it will provide for recreational opportunities in the area, is not estimated to generate a large amount of traffic on the roadway network, and is located next to an existing travel trailer park in an area containing few single-family homes. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff has conducted an analysis of the proposed use and the information provided as part of the application package, in addition to supplemental information provided by the applicant, and has created preliminary findings of fact to support each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at Planning Board - January 4, 2018 ITEM: 3 the upcoming public hearing at the Planning Board meeting. Staff concludes that based on the information presented with the application and supplemental correspondence, the four required conclusions could be met to approve the special use permit request. Example Motion for Approval: Motion to recommend approval, as the Board finds that this application for a special use permit meets the four required conclusions based on the findings of fact included in the Staff Summary, and with the conditions as recommended by staff. Example Motion for Denial: Motion to recommend denial, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] ATTACHMENTS: S17-04 Script for PB S17-04 Staff Summary PB S17-04 Neighboring Properties Map S17-04 Zoning Map S17-04 FLU Map Application Materials Cover Sheet S17-04 Application Package Proposed Site Plan Cover Sheet S17-04 Proposed Site Plan Other Materials Cover Sheet Neighbor Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - January 4, 2018 ITEM: 3 SCRIPT for SPECIAL USE PERMIT Application (S17-04) Request by Design Solutions, on behalf of the property owner, CWEST, LLC, for a special use permit for a camping and travel trailer park on 3.6 acres of land located at 9533 & 9617 River Road. 1. Swear witnesses: Announce that “the special use permit process requires a quasi-judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak or who want to present testimony please step forward to be sworn in. Thank you.” 2. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct Hearing, as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 4. Close the Public Hearing 5. Board discussion 6. A special use permit which is denied may only be resubmitted if there has been a substantial change in the facts, evidence, or conditions of the application as determined by the Planning Director. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to recommend approval or denial of the application. What do you wish to do? 7. Ask Applicant whether he/she agrees with staff findings and any proposed conditions. 8. Vote on the special use permit application. Motion to recommend approval of the permit - All findings are positive. Motion to recommend approval of the permit, subject to conditions specified below: (State Conditions) ___________________________________________________________________________ ___________________________________________________________________________ Motion to recommend denial of the permit because the Board cannot find: a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: ________________________________________________________________________ ________________________________________________________________________ b. That the use meets all required condition and specifications: ________________________________________________________________________ ________________________________________________________________________ Planning Board - January 4, 2018 ITEM: 3 - 1 - 1 c. That the use will not substantially inure the value of adjoining or abutting property, or that the use is a public necessity: ________________________________________________________________________ ________________________________________________________________________ d. That the location and character of the use if developed according to the plan submitted and approved will be in harmony with the area in which it is located and is in general conformity with the plan of development for New Hanover County: ________________________________________________________________________ ________________________________________________________________________ Example Motion for Approval: Motion to recommend approval, as the Board finds that this application for a special use permit meets the four required conclusions based on the findings of fact included in the Staff Summary, and with the conditions as recommended by staff. Example Motion for Denial: Motion to recommend denial, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] Planning Board - January 4, 2018 ITEM: 3 - 1 - 2 S17-04 Staff Summary PB Page 1 of 7 STAFF SUMMARY OF S17-04 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S17-04 Request: Special Use Permit in order to develop a “Camping, Travel Trailer Park” Applicant: Property Owner(s): Cindee Wolf of Design Solutions CWEST, LLC Location: Acreage: 9533 & 9617 River Road 3.6 PID(s): Comp Plan Place Type: R08800-001-008-000 R08800-001-009-000 General Residential Existing Land Use: Proposed Land Use: Mobile Home Park, Undeveloped Camping, Travel Trailer Park Current Zoning: R-15 SURROUNDING AREA LAND USE ZONING North Campground (Carolina Beach Family Campground) R-15 East Single-Family Residential, Undeveloped R-15 South Recreation (Snows Cut Park) R-15 West Undeveloped, Single-Family Residential R-15 Planning Board - January 4, 2018 ITEM: 3 - 2 - 1 S17-04 Staff Summary PB Page 2 of 7 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer Aqua water service; private septic system Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Carolina Beach Elementary, Codington Elementary, Murray Middle, and Ashley High Schools Recreation Snows Cut 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 a travel trailer park consisting of 44 camp sites. A travel trailer is defined as “a wheeled vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel and/or recreational purposes, including, but not limited to structures mounted on auto or truck bodies that are commonly referred to as campers.”  Travel trailer parks require a special use permit in the R-15 zoning district and are subject to the standards of the county’s Mobile Home and Travel Trailer Park Ordinance. Planning Board - January 4, 2018 ITEM: 3 - 2 - 2 S17-04 Staff Summary PB Page 3 of 7 Proposed Site Plan TRANSPORTATION  Access is proposed to be provided to the subject property by two driveways off River Road (SR 1576). A driveway permit from NCDOT is required for the proposed development. LAND USE (ITE Code) INTENSITY AM PEAK PM PEAK Campground (416) 44 Camp Sites 14 21  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 River Road 9500-9600 Block 3,186 16,700 0.19 A Planning Board - January 4, 2018 ITEM: 3 - 2 - 3 S17-04 Staff Summary PB Page 4 of 7 Nearby Planned Transportation Improvements and Traffic Impact Analyses No TIAs are currently being drafted or have been completed for projects within a one-mile radius from the subject site within the last five years. Regional Transportation Plans:  The NHC/City of Wilmington Greenway Plan recommends that a greenway network be installed in the surround area, including a greenway along the portion of River Road adjacent to the subject property. ENVIRONMENTAL  The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas.  The subject property is within the Telfairs Creek (SC;Sw) watershed. Planning Board - January 4, 2018 ITEM: 3 - 2 - 4 S17-04 Staff Summary PB Page 5 of 7  Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable/slight limitation) soils. 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 General Residential Place Type Description Focuses on lower-density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Analysis The intent of the General Residential place type is to preserve existing residential neighborhoods and provide opportunities for similar lower density residential development and supportive commercial, civic, and recreational development. Though recreational uses are encouraged in General Residential areas, uses such as RV parks and campgrounds are not specifically addressed in the Comprehensive Plan. However, these uses are common in many communities along the North Carolina coast, including New Hanover County, and can support tourism and public access to water and natural resources. The subject property is adjacent to an existing campground and public recreational amenities. It is not located adjacent to existing residential neighborhoods, although there are a few single-family homes in the surrounding area. This type of location is appropriate for low intensity recreational uses such as this one. Planning Board - January 4, 2018 ITEM: 3 - 2 - 5 S17-04 Staff Summary PB Page 6 of 7 Consistency Recommendation The proposed RV and travel trailer campground is generally CONSISTENT with this place type because it provides recreational opportunities, is not estimated to generate a large amount of traffic on the roadway network, and is located next to an existing travel trailer park in an area containing few single-family homes. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The site is accessed from River Road, a minor arterial street that is operating at an acceptable Level of Service. B. Water services must be provided and designed in accordance with Aqua’s standards. Wastewater services must be provided and designed in accordance with DEQ Division of Waste Management’s and NHC Environmental Health Services’ standards. C. The subject property is located in the New Hanover County South Fire Service District. D. The site is not located within any Special Flood Hazard Area. E. The proposed development is not estimated to generate enough traffic to require a Traffic Impact Analysis be conducted. F. A driveway permit must be obtained from NCDOT. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is zoned R-15, Residential District. B. Travel Trailer Parks are allowed by special use permit in the R-15 zoning districts. C. The site shall comply with the landscaping and buffering requirements of the Zoning Ordinance. D. A site plan has been included as part of the special use permit application and demonstrates that the requirements of the Mobile Home and Travel Trailer Park Ordinance will be met. 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. Planning Board - January 4, 2018 ITEM: 3 - 2 - 6 S17-04 Staff Summary PB Page 7 of 7 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 surrounding land uses include an existing travel trailer park and low-density residential. The subject property is not located adjacent to residential neighborhoods. B. 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 development as General Residential, and the proposal aligns with the intent of this land use classification. The proposal provides recreational opportunities, will have few impacts on existing residential neighborhoods, and is generally compatible with the existing residential and recreational development pattern of the area. B. The proposal includes a 20-foot-wide pedestrian and non-vehicular access easement for a future multi-use path, consistent with the Wilmington/New Hanover County Comprehensive Greenway Plan. Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity with the plan of development for New Hanover County. Staff Suggested Conditions 1. No camping activity of any kind can occur in any required bufferyard or in the 15-foot access easement that runs along the northern property line of the subject site. 2. A 20-foot-wide easement shall be dedicated to the County along River Road for the purposes of installing a future pedestrian facility in accordance with the Wilmington/NHC Comprehensive Greenway Plan. Planning Board - January 4, 2018 ITEM: 3 - 2 - 7 ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! 9533 9533 9425 9610 9612 9705 7823 7820 9533 7821 95339533 9533 9533 7835 9641 9533 7819 9709 9628 9626 9623 7821 7817 7824 9515 9515 7825 9617 9620 7824 7820 7822 9533 7822 9624 9600 9701 RIVER RD PRIVATE CA R O L I N A B E A C H R D PENINSULA DR SOUNDSIDE DR SPENCER FARLOW DR SALTSPRAY LN SE R V I C E R D CO X E L N ROSCOE FREEMAN AVE SEABREEZE R D S FIS H E R L N NIF F E R L N ANNIE DR F L O R I D A A V E AC C E S S R D W H E L K L N N A V I G A T O R L N BR I D G E B A R R I E R R D D R I L L S H E L L L N LA K E P A R K B L V N I S L A N D M A R I N A D R TEAKWOOD DR STATE AVE C O M P A S S P T CA R O L I N A B E A C H R D PRIVATE P R I V A T E PRIVATE 1,000 Feet ®HNC S17-04 FF R-15 R-10 B-2 RIVER RD LEWIS DR CA R O L I N A B E A C H R D PRIVATE SEABREEZE R D S TRAP W A Y PENINSULA DR SE R V I C E R D OL D D O W R D SOUNDSIDE DR SALTSPRAY LN ANNIE DR S17-04 Parcels within 500 Feet of Case Site Case: Special UsePermit Request: S17-04 Existing Zoning/Use: Proposed Use:Site Address: 9500 blockRiver Rd R-15/Mobile Home Park RV & Travel Trailer Park Case Site Neighboring Parcels(within 500 feet) Physical Address7817 NIFFER LN7819 FISHER LN7820 FISHER LN7820 NIFFER LN7821 FISHER LN7821 NIFFER LN7822 FISHER LN7822 NIFFER LN7823 NIFFER LN7824 FISHER LN7824 NIFFER LN7825 COXE LN7835 CAROLINA BEACH RD9425 RIVER RD9515 RIVER RD9533 RIVER RD9600 RIVER RD9610 RIVER RD9612 RIVER RD9617 RIVER RD9620 RIVER RD9623 RIVER RD9624 RIVER RD9626 RIVER RD9628 RIVER RD9641 RIVER RD9701 RIVER RD9705 RIVER RD9709 RIVER RD Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 3 - 3 - 1 FF R-15 R-10 B-2 RIV E R R D PRIVATE CA R O L I N A B E A C H R D PENINSULA DR SOUNDSIDE DR SPENCER FARLOW DR SALTSPRAY LN SE R V I C E R D CYP R E S S I S L A N D D R CO X E L N LINE D R ROSCOE FREEMAN AVE FIS H E R L N NIF F E R L N AC C E S S R D ANNIE DR BR I D G E B A R R I E R R D TAH I T I C T TRAP WAY D R I L L S H E L L L N LA K E P A R K B L V N N A V I G A T O R L N I S L A N D M A R I N A D R TEAKWOOD DR C O M P A S S P T P R I V A T E PRIVATE P R I V A T E PRIVATE P R I V A T E CA R O L I N A B E A C H R D PRIVATE PRIV A T E 1,000 Feet ®HNC S17-04 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: Special UsePermit Request: S17-04 Existing Zoning/Use: Proposed Use:Site Address: 9500 blockRiver Rd R-15/Mobile Home Park RV & Travel Trailer Park Sewer Collector Water Distribution Main Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 3 - 4 - 1 CONSERVATION GENERAL RESIDENTIAL COMMUNITY MIXED USE RIV E R R D PRIVATE CA R O L I N A B E A C H R D PENINSULA DR SOUNDSIDE DR SPENCER FARLOW DR SALTSPRAY LN SE R V I C E R D CYP R E S S I S L A N D D R CO X E L N LINE D R ROSCOE FREEMAN AVE FIS H E R L N NIF F E R L N AC C E S S R D ANNIE DR BR I D G E B A R R I E R R D W H E L K L N TAH I T I C T TRAP WAY D R I L L S H E L L L N LA K E P A R K B L V N N A V I G A T O R L N I S L A N D M A R I N A D R TEAKWOOD DR STATE AVE C O M P A S S P T P R I V A T E PRIVATE P R I V A T E PRIVATE P R I V A T E CA R O L I N A B E A C H R D PRIVATE PRIV A T E 1,000 Feet ®HNC S17-04 Place Types Commerce Zone Employment Center General Residential Urban Mixed Use Community Mixed Use Rural Residential Conservation Case: Special UsePermit Request: S17-04 Existing Zoning/Use: Proposed Use:Site Address: 9500 blockRiver Rd R-15/Mobile Home Park RV & Travel Trailer Park Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 3 - 5 - 1 APPLICANT MATERIALS Planning Board - January 4, 2018 ITEM: 3 - 6 - 1 Planning Board - January 4, 2018 ITEM: 3 - 6 - 2 Planning Board - January 4, 2018 ITEM: 3 - 7 - 1 Page 4 of 8 Special Use Permit Application – Updated 7/2017 Proposed Use(s) & Written Description Please list the proposed use or uses of the subject property, and provide the purpose of the Special Use Permit and a description of the project (please provide additional pages if needed). _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ Traffic Impact Worksheet 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 Variable (gross floor area, dwelling units, etc.): _______________________________________ AM Peak Hour Trips: ___________________________ PM Peak Hour Trips: __________________________ THEPROPOSEDPLANISTODEVELOPANRV&TRAVELTRAILERPARKWITHFORTY-THREE(43+/-)CAMP SITES.PHASEIWILLBEANIMPROVEMENTOFTHECURRENTLYVACANTPARCEL.PHASE2COVERSAPARCEL THATCURRENTLYHASSEVERALEXISTINGMOBILEHOMERESIDENCESANDACONCRETEBLOCKSTRUCTURE.. THEINTENTISNOTTODISPLACETHECURRENTRESIDENTS,BUTTOTRANSITIONASTHOSEHOMESBECOME OBSOLETEFORADDITIONALLOTS.IMPROVEMENTSWILLINCLUDESTABILIZEDDRIVESTHROUGHOUTTHE PARKFORSAFECIRCULATIONANDEASYACCESSFOREMERGENCYVEHICLES.ELECTRIC&WATERHOOKUP SERVICESWILLBEAVAILABLE,ALONGWITHASOLIDWASTEDUMPINGSTATION. THEPARCELSAREZONEDR-15ANDREQUIREASPECIALUSEPERMITFORTHEDEFINEDUSE. (416)CAMPGROUND /RECREATIONALVEHICLEPARK 43+/-CAMPSITES @ 0.32=14 @0.48=21 Planning Board - January 4, 2018 ITEM: 3 - 7 - 2 Page 5 of 8 Special Use Permit Application – Updated 7/2017 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. You should address any additional considerations potentially raised by the proposed use or development. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: x Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts x Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection x Soil erosion and sedimentation x Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater x Anticipated air discharges, including possible adverse effects on air quality __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 2. The use meets all required conditions and specifications of the Zoning Ordinance. __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ THESITEISLOCATEDALONGRIVERRD,AMINORARTERIAL,NEARTOITSINTERSECTIONWITH CAROLINABEACHRD,APRINCIPALTHOROUGHFARE.TWODRIVEWAYSWILLPROVIDESAFE CIRCULATIONTHROUGHTHEPROJECT.THEIRIMPROVEMENTWILLBECOORDINATEDWITH NCDOT.FIRESERVICEISBYNHCFEDERALPOINTSTATION#19.DETAILEDDESIGNAND PERMITTINGWOULDBEREQUIREDPRIORTOTHEONSETOFIMPROVEMENTSCONSTRUCTION.THE EXISTINGCONDITIONSINCLUDENOSTORMWATERMANAGEMENT,BUTTHEUPGRADEDFACILITY WILLHAVEMEANSFORWATERQUALITYENHANCEMENTANDDETENTIONOFRUNOFFFROMTHE NEWSURFACES. THEPROPOSEDUSEASANRV&TRAVELTRAILERPARKISPERMITTEDBYSPECIALUSEINTHE RESIDENTIALDISTRICTS.ASITEPLANSHOWINGBOTHTHEEXISTINGCONDITIONSANDPROPOSED IMPROVEMENTSHASBEENPREPAREDINACCORDANCETOORDINACNEREQUIREMENTSAND TECHNICALSTANDARDS.SPECIFICCONDITONSAREDEFINEDINTHENHCMOBILEHOME&TRAVEL TRALIERPARKORDINANCE,AREADDRESSEDINTHESITEPLAN,ANDWILLBEREVIEWEDFORFULL COMPLIANCEPRIORTOCONSTRUCTIONPERMITTING. Planning Board - January 4, 2018 ITEM: 3 - 7 - 3 Page 6 of 8 Special Use Permit Application – Updated 7/2017 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (continued) 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: x The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc) x Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: x The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc) x Consistency with the Comprehensive Plan’s goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ HALFOFTHEPROJECTAREAHASBEENOCCUPIEDBYMOBILEHOMERESIDENCESFORMANY YEARS.THEREHASBEENNOEVIDENCEOFANADVERSEEFFECTONTHELANDVALUESOF SURROUNDINGPROPERTIES.THEPROPOSEDNEWPROJECTWILLPROVIDECOMPLIANCEWITH CURRENTREGULATIONS,VISUALSCREENINGANDENHANCEMENTOFTHEOVERALLAESTHETICS. THETRACTISLOCATEDINTHE"GENERALRESIDENTIAL"PLACE-TYPE,WHICHISINTENDEDTO SUPPORTLOWER-DENSITYHOUSINGANDRECREATIONALOPPORTUNITIES.THESEPARCELSARE ADJACENTTOTHENHCSNOWSCUTPUBLICPARK,ACROSSTHEWATERWAYFROMTHE CAROLINABEACHSTATEPARK,ANDNEARTHEOCEANFRONTBEACHES.THEIRLOCATIONMAKES PERFECTSENSEFORTHISTYPEOFUSE.OURCOMPREHENSIVEPLANFOCUSESONINCREASING PUBLICACCESSTOTHEWATER&NATURALRESOURCES.ENHANCEMENTOFTHEUNIQUE ENVIRONMENT,CHARACTERANDHISTORYOFTHEAREAISSTRONGLYENCOURAGED. Planning Board - January 4, 2018 ITEM: 3 - 7 - 4 Planning Board - January 4, 2018 ITEM: 3 - 7 - 5 Planning Board - January 4, 2018 ITEM: 3 - 7 - 6 Project Narrative for  Snows Cut RV & Travel Trailer Park    The subject tracts and the general vicinity around them have been used for both permanent  mobile home residences and transient camping facilities for many years.  They were included in  the 1988 – Seabreeze Small Area Plan, which defined the historic and unique nature of this  section of the County.  The Plan was intended as a policy guide for future development and  revitalization of the Seabreeze community.    There are currently fourteen (14) modular homes & a concrete block structure on one tract,  and the other tract is vacant.  These parcels are adjacent to the New Hanover County ‐ Snows  Cut Park, across the waterway from the Carolina Beach State Park, and near the oceanfront  beaches.  Their location makes perfect sense for a more recreational use.  The County’s  Comprehensive Plan for the future promotes a focus on increasing public access to the water  and natural resources.  Enhancement of the unique environment, character and history of the  County is strongly encouraged.  Two large sectors of the mixture of uses which are considered  appropriate for the "general residential" place‐type are housing and recreation.  The  development of this project for an RV & travel trailer park is an excellent opportunity to  address those goals.    Phase I will be an improvement of the currently vacant parcel.  Phase 2 covers the parcel  occupied by the existing mobile homes.  The intent is not to displace those current residents,  but rather to transition as those homes become obsolete.  Improvement will include stabilized  drives throughout the park for safe circulation and easy access for emergency vehicles.  Electric  & water hookup services will be available, along with a solid waste pump‐out facility.  The  proposed enhancements will bring the existing conditions into compliance with current  regulations and technical standards.  The aesthetics and public safety will be greatly improved.      In summary, we believe that this proposal meets the findings necessary for approval of a  Special Use Permit, provides an excellent opportunity to expand housing and recreational uses  for the County’s tourism industry, and will be an asset to the overall County and immediate  surrounding community.      Planning Board - January 4, 2018 ITEM: 3 - 7 - 7 Pl a n n i n g B o a r d - J a n u a r y 4 , 2 0 1 8 IT E M : 3 - 7 - 8 Planning Board - January 4, 2018 ITEM: 3 - 7 - 9 PROPOSED SITE PLAN Planning Board - January 4, 2018 ITEM: 3 - 8 - 1 Planning Board - January 4, 2018 ITEM: 3 - 8 - 2 Planning Board - January 4, 2018 ITEM: 3- 9 - 1 OTHER MATERIALS Planning Board - January 4, 2018 ITEM: 3 - 10 - 1 Planning Board - January 4, 2018 ITEM: 3 - 10 - 2 SLAUGHTER LAW, P.L.L.C. ATTORNEYS AT LAW 705 PRINCESS STREET WILMINGTON, NORTH CAROLINA 28401 M. TROY SLAUGHTER TELEPHONE (910) 762-3000 tslaughter@slaughterlawyers.com FACSIMILE (910) 763-1139 December 19, 2017 VIA FACSIMILE & U.S. MAIL 798-7053 New Hanover County Department of Planning & Land Use 230 Government Center Drive Suite 110 Attn: Brad Schuler Wilmington, NC 28403 Re:Special Use Permit Application, Case No. S17-04 Dear Mr. Schuler: Please be advised that I represent Winner Enterprises of Carolina Beach, LLC, which owns two parcels (9415 River Road, R08800-001-012-000; and 9417 River Road, R08800-001- 006-000) that are to the west of the parcels that are the subject of the above-referenced case. Also, my ex-wife, Nicole Slaughter, and I own 9421 River Road (R08800-001-038-000), which is also west of the above-referenced parcels. I have enclosed a map of the area with the three parcels owned by Winner Enterprises and my ex-wife and I outlined in red. I understand that a hearing is currently scheduled for January 4, 2018 at 6:00 p.m. at the Old Court House, Room 301. I would like to be able to address the Planning Board at this meeting and would ask that this correspondence serve as my written request. Although I have no objection to the Special Use Permit Application, I do have concerns about the site design and layout. As can be seen on the Site Plan dated 12.1.17 submitted by the applicant, there is a 15' Private Access Easement across the northern boundary of the subject parcels. This easement is in favor of the parcels owned by Winner Enterprises of Carolina Beach, LLC and my ex-wife and I. This is the only way that we can access our property as the parcels are landlocked. When this easement was granted many years ago, 15 feet may have been sufficient, but in today’s world, I do not know think that this would be the case. Mr. Westwood and I have had communications regarding this easement but there has been no agreement. In the event that the 15' easement is not legally sufficient to access our property, then either an agreement will have to be reached or failing that, judicial intervention will be necessary. Either way, I want to ensure that whatever plan is approved that this eventuality is taken into consideration. Planning Board - January 4, 2018 ITEM: 3 - 11 - 1 Mr. Brad Schuler December 19, 2017 Page 2 I look forward to hearing from you. Sincerely yours, M. Troy Slaughter MTS:ahd Enclosure Planning Board - January 4, 2018 ITEM: 3 - 11 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2018 TECHNICAL REVIEW COMMITTEE REPORT DEPARTMENT: PRESENTER(S): CONTACT(S): SUBJECT: Technical Review Committee Report (December 2017) BRIEF SUMMARY: The Technical Review Committee did not meeting during the month of December. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - January 4, 2018 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2018 OTHER BUSINESS DEPARTMENT: PRESENTER(S): CONTACT(S): SUBJECT: Other Business BRIEF SUMMARY: STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - January 4, 2018 ITEM: 5