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Agenda 2019 07-01NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Jonathan Barfield, Jr., Chairman I Julia Olson - Boseman, Vice - Chairwoman Patricia Kusek, Commissioner I Woody White, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board JULY 1, 2019 4:00 PM PLEASE NOTE: The meeting will take place in the government center training rooms, 230 Government Center Drive, Suite 135 MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) I NVOCATI ON (Pastor Patrick Hall, Cape Fear Free Will Baptist Church) PLEDGE OF ALLEGIANCE (Vice- Chairwoman Julia Olson - Boseman) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of a Resolution in Recognition of the Vietnam Traveling Memorial Wall 3. Approval to Submit a FY19 -20 Grant Application to the N.C. Governor's Highway Safety Program for the Sheriff's Office Forensic Lab 4. Adoption of Resolution to Award Request For Proposal #19 -0391 to Gibbs Management Services, I nc., for New Hanover County's Home Delivered Meals and Congregate Nutrition Programs 5. Approval of May 2019 Tax Collection Reports ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 10 6. Presentation of Service Awards and I ntroduction of New Employees 10 7. New Hanover County /City of Wilmington Community Relations Advisory Committee Update 10 8. Consideration of Guaranteed Maximum Price and Budget Amendment to Fund the Demolition and Rebuild of the Division of Juvenile Justice Facility 10 9. Presentation on 100 Bed Women's Treatment Facility 40 10. Public Hearing & Quasi - Judicial Hearing Rezoning & Special Use Permit Request (Z19 -03) — Request by Cameron Management, on Behalf of the Property Owner, Drypond Partners, LLC, to: A. Rezone Approximately 25.94 Acres of Land Located in the 4400 Block of S. College Road, from R -15, Residential District, to (CUD) R -10, Conditional Use Board of Commissioners - July 1, 2019 Residential District; and B. Obtain a Special Use Permit for a High Density Development Consisting of 324 Dwelling Units Within the Area Proposed to be Rezoned. 40 11. Public Hearing Rezoning Request (Z19 -08) — Request by Eastern Carolinas Commercial Real Estate, on Behalf of the Property Owner, Ogden -New Hanover Volunteer Emergency Medical Service, I nc., to Rezone Approximately 8.43 Acres of Land Located at 4450 and 4580 Carolina Beach Road, from R -15, Residential District, to B -2, Highway Business District 40 12. Public Hearing Special Use Permit Request (S19 -01) - Request by Benjamin Rivenbark, on Behalf of the Property Owner, Jack Carlisle, for a Special Use Permit to Develop a Private Cemetery on a Portion of a 15.44 -Acre Tract of Land Located at 8640 River Road 40 13. Public Hearing Text Amendment Request (TA19 -01) - Request by New Hanover County to Amend Articles V and VI of the Zoning Ordinance to Add Five New Residential Districts, Two New Commercial Districts, One New Mixed Use District, and to Amend the Existing Planned Development District PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 14. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 15. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Board of Commissioners - July 1, 2019 Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - July 1, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meeting: Regular Meeting held on June 17, 2019 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - July 1, 2019 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Chip Jones, President of the American Honor Guards of North Carolina CONTACT(S): Kym Crowell, Clerk to the Board SUBJECT: Adoption of a Resolution in Recognition of the Vietnam Traveling Memorial Wall BRIEF SUMMARY: Chip Jones, President of the American Honor Guards of North Carolina, has requested the board consider adopting a resolution recognizing the Vietnam Traveling Memorial Wall. Wilmington has been selected to host the Vietnam Traveling Memorial Wall from July 25 to July 29, 2019 at Mayfaire Town Center. The event was postponed from September 2018 until now due to Hurricane Florence. The board has been invited to attend the opening ceremony on July 26, 2019 at 10:00 a.m. Chairman Barfield is slated to present the resolution during the opening ceremony. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Resolution Event Flyer COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - July 1, 2019 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION IN RECOGNITION OF THE VIETNAM TRAVELING MEMORIAL WALL° WHEREAS, the Vietnam Traveling Memorial Wall® is part of the Vietnam and all Veterans of Brevard (VVB) located in Brevard County Florida and is a 3/5 scale of the Vietnam Veterans Memorial in Washington, D.C., standing six feet tall at the center and stretches almost 300 feet from end to end; and WHEREAS, Wilmington, North Carolina has been selected to host the Vietnam Traveling Memorial Wall® from July 25 to July 29, 2019; and WHEREAS, the traveling memorial will be on display at Mayfaire Town Center, 1055 International Drive, accessible twenty -four hours a day, and is free to the public during this time; and WHEREAS, 2019 is the 54th anniversary of the Vietnam War and the traveling memorial serves to honor more than three million Americans who served in the U.S. Armed Forces during the Vietnam War and its walls bear the names of more than 58,000 men and women, including over 1,600 North Carolinians, who made the ultimate sacrifice in Vietnam; and WHEREAS, the traveling wall is meant to bring the opportunity to view the memorial to people who may not be able to travel to the original memorial in our nation's capital. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners appreciates the work of the American Honor Guard of North Carolina, Vietnam Veterans of America, and all the volunteers to bring the Vietnam Traveling Memorial Wall® to this county. BE IT FURTHER RESOLVED that the New Hanover County Board of Commissioners welcomes the opportunity to honor the men and women who gave their lives in service during the Vietnam War. ADOPTED this the 11t day of July, 2019. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - July 1, 2019 ITEM: 2 - 1 - 1 THE VIETNAM TRAVELING MEMORIAL WALL U AMERICAN HONOR GUARDS OF NORTH T; v. Y 9 The Vietnam Traveling Memorial Wall ®, a 288- foot replica of the Vietnam Veterans Memorial, is coming to Mayfair Town Center 1055 International Drive Wilmington, NC on July 25 to July 29, 2019 and will be open 24 hours a day and FREE to the public. The Vietnam Traveling Memorial Wall° honors the more than three million Americans who served in the U.S. Armed forces during the Vietnam War and its walls bear the names of the more than 58,000 men and women who made the ultimate sacrifice. American Honor Guards of North Carolina and Vietnam Veterans of America, Chapter 885 are proud to be able to bring the healing Wall to Wilmington. Volunteers: will be needed on 6 hour rotating shifts beginning on opening day of 25 July and running until the morning of 29 July. People wishing to volunteer please visit the American Honor Guards website at American HonorGuardsNC.org. There you will find the days and shifts needed for volunteers and contact phone numbers in order to volunteer. 20 People will be needed on July 29 for dismantling the Wall. Donations: Those wishing to donate please visit American HonorGuardsNC.org (Memorial Wall Donations). Call Chip Jones 910 - 524 -2829 or Hank LaBor 980 -579 -2063 to make donations. Arrival escort: will be open to all motorcycles and automobiles. Anyone wishing to participate in the escort please visit American Honor Guards website at American HonorGuardsNC.org and visit the page Memorial Wall Updates to find the Escort Coordinator for your area. The staging area will be at the BP Station 1128 Green Swamp Road South, Bolton, NC 28423. This is located at the intersections of Highway 211 & Highway 214. The staging time is 0800 (8am). All those wishing to participate should be on property by that time to get signed in. KSU (leaving time) is 0900 for the escort into Wilmington. This ride is L E O (law enforcement officers) escorted. Opening / Closing ceremonies: Opening Ceremony will begin at 10:00 AM on 26 July & Closing Ceremony will begin at 8:00 AM on 29 July. The American Honor Guards and Vietnam Veterans of America Chapter 885 are not affiliated in any way with any other organization. The American Honor Guards of North Carolina is a non - profit 501(c)3 veteran service organization. Vietnam Veterans of America is a 501c19 veteran organization. The two groups are not a government agency and all events are paid through donations. Without the generosity of the donors the American Honor Guards of North Carolina and Vietnam Veterans of America Chapter 885 organizations would not be possible. American Honor Guards of North Carolina's 501(3 Number 81- 5439849 & Vietnam Veterans of America Chapter 885, 501c19 Number 56- 2255718. Board of Commissioners - July 1, 2019 ITEM: 2 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 CONSENT DEPARTMENT: Sheriff PRESENTER(S): Deputy Chief Kenneth Sarvis CONTACT(S): Major Lachlan MacNeish SUBJECT: Approval to Submit a FY19 -20 Grant Application to the N.C. Governor's Highway Safety Program for the Sheriff's Office Forensic Lab BRIEF SUMMARY: The Sheriff's Office wishes to apply to the N.C. Governor's Highway Safety Program (GHSP) for FY19 -20 grant funding for the New Hanover County Sheriff's Office Forensic Lab, following the transition from Wilmington Police Department. The grant will fund a Lab Technician position at 100% (salary & fringe), miscellaneous supplies, training and travel costs. The total grant amount is $83,000. Funding period will be from October 1, 2019 to September 30, 2020. The Sheriff's Office will pursue another GHSP grant to continue funding position in FY20 -21, however if grant funding ends September 2020, the Sheriff's Office will assume responsibility to fund the position. No matching funds required. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve submission of the application. ATTACHMENTS: Resolution GHSP Grant Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - July 1, 2019 ITEM: 3 Resolution North Carolina Governor's Highway Safety Program LOCAL GOVERNMENTAL RESOLUTION WHEREAS, the New Hanover County Sheriff's Office (herein called the "Agency ") (The Applicant Agency) has completed an application contract for traffic safety funding; and that New Hanover County Board of Commissioners (The Governing Body of the Agency) (herein called the "Governing Body ") has thoroughly considered the problem identified and has reviewed the project as described in the contract; THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN (Governing Body) MEETING ASSEMBLED IN THE CITY OF Wilmington NORTH CAROLINA, THIS St DAY OF July , 20 9 , AS FOLLOWS: 1. That the project referenced above is in the best interest of the Governing Body and the general public; and 2. That New Hanover County Sheriffs Office is authorized to file, on behalf of the Governing (Name and Title of Representative) Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of $ 83,000 to be made to the Governing Body to assist in defraying (Federal Dollar Request) the cost of the project described in the contract application; and 3. That the Governing Body has formally appropriated the cash contribution of $ 0 (Local Cash Appropriation) required by the project contract; and as 4. That the Project Director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information, data, documents and reports as required by the contract, if approved, or as may be required by the Governor's Highway Safety Program; and 5. That certified copies of this resolution be included as part of the contract referenced above; and 6. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting by ATTESTED BY (Clerk) DATE (Chairperson /Mayor) Rev. 7/11 Board of Commissioners - July 1, 2019 ITEM: 3 - 1 - 1 SEAL 1. Agency: NEW HANOVER COUNTY 2. Agency Address: SHERIFF 3950 JUVENILE CENTER RD CASTLE HAYNE, NC 28429 3. Physical Location of Agency 3950 Juvenile Center Road, Castle Hayne, NC 28429 8. Federal Tax ID Number / Type of Agency Federal Tax ID Number: 56- 6000324 DUNS No: 0400295630000 County: NEW HANOVER COUNTY Type of Agency C State C Non - Profit (: County C Higher Education C Municipality (' Hospital 11. Project Title: Regional Forensic Laboratory Program 4. Contact Person for Agency: Sara Fox 5. Telephone Number: +1 (910) 798 -4166 6. Cell Phone: +1 (910) 465 -1572 7. Email of Contact Person sfox @nhcgov.com 9. Project Year C New (: Continuation Year: C 1 C 2 C 3 r:4+ 10. Allocation of Funding Federal % 100.00 Local % 0.00 Personnel Costs $56,000.00 $56,000.00 $0.00 Contractual Services $5,500.00 $5,500.00 $0.00 Commodities Costs Other Direct Costs $21,500.00 $21,500.00 $0.00 Indirect Costs Total Project 0i0 00 $83,000.00 $0.00 13. Specify How Non - Federal Share Will Be Provided: Any match amount will be funded by the New Hanover County Sheriffs Office budget and contributions from partner agencies Project Number: CFDA #: 20. Work Type: iStatement of Problem (_Provide detailed information of the highway safety problems in your area to be addressed through this project. Include countywide crash data for the last three years and any other relevant information to validate the statements. For more detailed information see "How to write an effective traffic safety project' located at � �� nr1��. P. n�: �u( goul �nialiPies2aw�- Enforcem�r�,!P�r �lLaw -En onemenF- ft�a{�g�jr�g,,�tJ New Hanover County Sheriffs Office assumed responsibility and management of the Wilmington Police Department Crime Laboratory from the Wilmington Police Department effective July 1, 2019. This agreement included all equipment, personnel, and functions of the Crime Lab. This was a tremendous undertaking for the New Hanover County Sheriffs Office that will ultimately continue and expand the regional forensic lab to service all partner agencies currently in agreement with the New Hanover County Sheriffs Office Forensic Lab, and expand to other jurisdictions requiring the expertise of the New Hanover County Sheriffs Office Forensic Lab. The New Hanover County Sheriffs Office Forensic Lab will continue to ensure continuity of operations, providing analysis for casework submitted by partner agencies to ensure effective investigation and prosecution of crime and offenders with consistent, reliable testing and results. Latest statistics show that New Hanover County is ranked number 25 for overall traffic fatalities and number 22 for alcohol - related traffic fatalities. The regional laboratory services over 40 law enforcement agencies in the eastern region of North Board of Commissioners - July 1, 2019 Version 1.0 0 §Y: � of -9 -Carolina including tFie State FligFiway l�afroi, wit�tans to expan�to other jurisdictions withmfhe region. -The �egionalrforensic laboratory decreases the workload of the State Lab, and ensures quick results of forensic testing within the region. The regional forensic lab has a ten (10) business day turnaround for results, with a special 48 -hour turnaround at special request for agencies in extreme circumstances. Laboratory employees appear in court for testimony consistently to ensure support for the criminal justice process, not just specimen testing. The grant will fund the grant year from October 1, 2019 to September 30, 2020 for the salary and benefits for the Laboratory Technician (100 %). It will fund needed supplies and training costs to ensure that all personnel are meeting the required educational requirements for their positions with the most up -to -date information available. Year 2017 Occupant Protection Citations Occupant Protection Citations 188 DWI Citations 95 Speed Citations 1,106' Year 2018 Occupant Protection Citations 83 DWI Citations 69 Speed Citations 1,183 GO11S and-Objectives _(Provide at least one SMART (Specific, Measurable, Attainable, Realistic and Timely) goals and objectives. For more detailed information see "How to write an effective traffic safety project" located at: r !tps: //connect.ncdot.gov /munici ralities/Law- Enforcemen Pa es!Law- Enforcement- Reporting.aspx) Goal #1: Reduce alcohol related fatalities from the 2013 -2017 average of 32 in New Hanover, Pender, Brunswick, Columbus, Duplin, and Onslow Counties by 20% by September 30, 2020. Objectives: 1. Maintain blood alcohol services to over 40 North Carolina law enforcement agencies, including all six (6) counties in the eastern region: New Hanover, Pender, Brunswick, Columbus, Duplin and Onslow. 2. Reduce workload submitted to the NC State Crime Laboratory. Decrease overall wait times for agencies for case results. Increase the number of samples tested per month by 5% to 37 per month. 3. Maintain the turnaround time for results at 10 business days or less for DWI - related cases. 4. Fund the full -time Forensic Lab Technician position, with the focus of DWI /alcohol related samples, providing technical and administrative support to the Chemist position, ensuring timely receipt of case samples and proper tracking of statistics, including turnaround time, number of subpoenas served, and number of agencies served. 5. Ensure availability of employees for court testimony for DWI - related cases. Increase the testimony areas for the analysts. Record the number of subpoenas, appearances, and testimonies for court cases. 6. Provide professional development training to personnel to expand and maintain areas of expert witness testimony. Goal #2: Objectives: � Goal #3: Objectives: ® Reduce NC's traffic- related fatalities by 25% from the 2008 -2012 average of 1,317 to 988 by 2020. ® Reduce NC's alcohol - related fatalities by 35% from the 2008 -2012 average of 386 to 251 by 2020. ❑ Reduce NC's unrestrained fatalities by 30% from the 2008 -2012 average of 407 to 285 by 2020. ❑ Reduce NC's speed - related fatalities by 25% from the 2008 -2012 average of 479 to 359 by 2020. ❑ Reduce NC's young driver - involved fatal crashes by 30% from the 2008 -2012 average of 196 to 137 by 2020. ❑ Reduce NC's motorcycle fatalities by 25% from the 2008 -2012 average of 177 to 133 by 2020. ❑ Increase NC's seat belt usage rate 4.4 percentage points to 95% by 2020. # Personnel Position 1 Forensic Lab Technician Version 1.0 Board of Comin%gneT. -fJ4 1, 2019 Salary — $40,000.001 2 3 4 5 6 7 8 9 10 Total Salaries Cost: # Personnel Fringe Benefits 1 Forensic Lab Technician 2 3 4 5 6 7 8 9 10 $40,000.00 Cost $16,000.00 Total Fringe Benefits Cost: $16,000.00 Total Personnel Costs: $56,000.00 Contractual Services # Contractual Service To Be Provided Cost 1 Trace 1319 Gas Chromatograph - annual service $5,500.00 2 3 4 5 6 7 8 9 10 11 Total Contractual Services: $5,500.00 Commodities # Commodities Cost 1 2 3 4 Board of Commissioners - July 1, 2019 Version 1.0 PT3@W: 38 -o? - 8 5 6 7 i 8 9 10 11 Total Commodities Cost: Other Direct Costs # Equipment Quantity Cap Amount Cost 1 2 4 6 7 _ 8 — Total Equipment Cost # Other Items and Equipment Direct Cost: (Cost Limited to Less Than $5000 Per Item) 1 BAC Columns 2 NIST - traceable ethanol standards 3 Vials and caps (standard and headspace) 4 Diluter calibrations and routine maintenance supplies 5 Hydrogen and air generators - routine maintenance supplies ^ — 6 Trace 1310 Gas Chromatograph - routine maintenance supplies ^— �- 7 Total Other Items and Equipment Direct Cost: Cost # Travel Cost $1,500.00 $500.00 $4,200.00 $300.00 $1,000.00 $1,000.00. $8,500.00 1 In -State Travel_ $1,000.00 2 Out -of -State Travel $12,000.00 Total Travel Cost: $13,000.00 Total Other Direct Costs: $21,500.00 Indirect # Indirect Costs Cost 1 2 4 Total Indirect Costs Version 1.0 Board of Comb? onq� -f I4 1 , 2019 List the schedule of tasks by quarters, referring specifically to the objectives in Section B. Tasks should be a bulleted list of activities to be performed in each quarter. Conditions for Enforcement Proiects Oni by chectrrng th /S box, the above agency agrees to the terms ,below as additional activities to be performed as part or rs project. A minimum of one (1) nighttime and one (1) daytime seat belt initiative per month; A minimum of one (1) impaired driving checkpoint per month; ® A minimum of 50% of seat belt initiatives must be conducted at night between the hours of 7:00 p.m. and 7:00 a.m.; Participation in all "Click It or Ticket" and "Booze It & Lose It" campaigns; Participation in any event or campaign as required by the GHSP; Attempt to utilize one of the Forensic Tests for Alcohol Branch's Mobile Breath Alcohol Testing (BATMobiles) units during at least one of the impaired driving checkpoints. First Quarter (October, November, December) Follow up with all served agencies to obtain feedback on services and discuss shared future funding of the program. Track statistics for the number of DWI - related cases received by the Forensic Lab Technician. Track statistics for the number of DWI - related cases analyzed by laboratory personnel. Provide statistics for: Average turnaround time for DWI - related cases, number of subpoenas received, number of court appearances, number of times testified, and areas of expert testimony. Attend the Borkenstein Alcohol Course. Second Quarter (January, February, March) Track statistics for the number of DWI - related cases received by the Forensic Lab Technician. Track statistics for the number of DWI - related cases analyzed by laboratory personnel. Provide statistics for: Average turnaround time for DWI - related cases, number of subpoenas received, number of court appearances, number of times testified, and areas of expert testimony. Third Quarter (April, May, June) Track statistics for the number of DWI - related cases received by the Forensic Lab Technician. Track statistics for the number of DWI - related cases analyzed by laboratory personnel. Provide statistics for: Average turnaround time for DWI - related cases, number of subpoenas received, number of court appearances, number of times testified, and areas of expert testimony. Attend the Traffic Safety Conference. Attend the IACT Conference. Attend the Borkenstein Alcohol Course. Fourth Quarter (July, August, September) Track statistics for the number of DWI - related cases received by the Forensic Lab Technician. Track statistics for the number of DWI - related cases analyzed by laboratory personnel. Provide statistics for: Average turnaround time for DWI - related cases, number of subpoenas received, number of court appearances, number of times testified, and areas of expert testimony. Report all statistics for the grant period including: Number of agencies served; results of survey on services provided to all served agencies in the six - county region; progress of a combined financial support effort for the regional agencies; number of DWI - related cases completed; average turnaround time for all completed cases; total number of subpoenas, court appearances and testimony for DWI - related cases. Note: 1. Submitting grant application is not a guarantee of grant being approved. 2. Once form has been submitted, it cannot be changed unless it has a status of "Return ". Board of Commissioners - July 1, 2019 Version 1.0 pme: 35-d - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 CONSENT DEPARTMENT: Senior Resource Center PRESENTER(S): Amber Smith, Senior Resource Center Director CONTACT(S): Ellen Connor, Nutritionist and Lena Butler, Purchasing Supervisor SUBJECT: Adoption of Resolution to Award Request For Proposal #19 -0391 to Gibbs Management Services, Inc., for New Hanover County's Home Delivered Meals and Congregate Nutrition Programs BRIEF SUMMARY: Sealed proposals were solicited and received on May 15, 2019 at 2:00 PM for Home Delivered Meals and Congregate Nutrition Programs for the Senior Resource Center. At the closing time for receipt of all proposals, only one proposal was received. The proposer was notified that due to receiving only one proposal, the project had to be re- advertised. This was a requirement of the grant. The sole proposal was not opened and the proposer made a decision to leave it until the next closing deadline. The solicitation was re- advertised and potential service vendors were notified of the re- advertised RFR The re- advertised sealed proposals were due on June 12, 2019 at 2:00 PM. On the closing date and time no additional proposals were received. Gibbs Management Services, Inc. was the sole proposer. The proposal was opened as allowed after due re- advertisement. The meal price proposed was $3.40 per meal for regular and frozen meals and $3.50 per meal for shelf stable meals. Gibbs Management Services, Inc. has extensive knowledge of the Home and Community Care Block Grant nutrition requirements and is known for delivering a quality product to its consumers. The company is a local business and successfully submitted all proposal requirements and is able to meet or exceed all grant standards. Meals prepared by Gibbs Management Services, Inc and served to older adults who are participants Congregate Nutrition Programs. STRATEGIC PLAN ALIGNMENT: . will be prepared at the Senior Resource Center of the Home Delivered Meals program and /or Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services • Deliver value for taxpayer money Effective County Management • Deliver value for taxpayer money Board of Commissioners - July 1, 2019 ITEM: 4 RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution to award contract to Gibbs Management Services, Inc., to provide Nutrition Services for the New Hanover County Senior Resource Center. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - July 1, 2019 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF CONTRACT TO GIBBS MANAGEMENT SERVICES WHEREAS, sealed proposals were received on May 15, 2019 at 2:00 p.m. for Home Delivered Meals (HDM) and Congregate Nutrition Programs for the Senior Resource Center; and WHEREAS, at the closing time for receipt of all proposals, only one proposal was received and the proposer was notified that due to receiving only one proposal, the project had to be re- advertised as a condition of the grant funding; and WHEREAS, the sole proposal was not opened and the proposer was notified of the requirement and made the decision to leave the proposal until the next closing deadline; and WHEREAS, the solicitation was re- advertised and potential service providers were notified of the re- advertised request for proposals and the re- advertised sealed proposals were due on June 12, 2019 at 2:00 p.m.; and WHEREAS, on the closing date and time, no additional proposals were received and the proposal from Gibbs Management Services, Inc. was opened as allowed by the grant after due re- advertisement; and WHEREAS, Gibbs Management Services, Inc. proposed a meal price of $3.40 per meal for regular and frozen meals and $3.50 per meal for shelf stable meals; and WHEREAS, Gibbs Management Services, Inc. has extensive knowledge of the Home and Community Care Block Grant nutrition requirements and is known for delivering a quality product to its consumers; and WHEREAS, Gibbs Management Services, Inc. is a local business, has successfully submitted all proposal requirements, and is able to meet or exceed all grant standards. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the contract to provide Nutrition Services for the Senior Resource Center is awarded to Gibbs Management Services, Inc. and the County Manager is hereby authorized and directed to execute the contract with the contract form to be approved by the County Attorney. ADOPTED this the 11t day of July, 2019. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - July 1, 2019 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 CONSENT DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SUBJECT: Approval of May 2019 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall Collection Percentages for May 2019 are ahead of collections for May 2018. The report for May 2019 in comparison to May 2018 is as follows: New Hanover County May 2019 May 2018 Real Property 99.51% 99.31% Personal Property 95.06% 95.53% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.17% 99.04% Total Collected YTD $167,757,958.02 $169,075,475.55 New Hanover County Debt Service May 2019 May 2019 Real Property 99.50% 99.29% Personal Property 95.31% 95.71% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.19% 99.05% Total Collected YTD $22,039,937.94 $21,616,420.34 Grand Total Collected YTD $189,797,895.96 $190,691,895.89 New Hanover County Fire District May 2019 May 2019 Real Property 99.49% 99.29% Personal Property 95.39% 96.37% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.15% 99.075/c Total Collected YTD $10,263,932.24 $10,001,267.43 Board of Commissioners - July 1, 2019 ITEM: 5 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hanover County Monthly Collection Report for May 2019 New Hanover County Debt Service Monthly Collection Report for May 2019 New Hanover County Fire District Monthly Collection Report for May 2019 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - July 1, 2019 ITEM: 5 New Hanover County Monthly Collection Report for May 2019 Current Year 2018 -2019 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 144,541,910.34 $ (41,504.66) $ 7,725.64 $ 14,305,666.98 $ (230,527.35) $ 17,520.85 $ 10,259,099.15 $ $ $ 169,106,676.47 (272,032.01) 25,246.49 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ $ 144,508,131.32 145,223,086.41 1,418,643.76 (178.60) $ $ $ $ 14,092,660.48 13,492,808.46 98,291.96 (1,337.50) $ $ 10,259,099.15 10,259,099.15 $ $ $ $ 168,859,890.95 168,974,994.02 1,516,935.72 (1,516.10) Outstanding Balance $ 703,510.07 $ 696,806.48 $ - $ 1,400,316.55 Collection Percentage 99.51 6,213.91 95.06 $ 100.00 $ 99.17 YTD Interest Collected $ 209,095.78 $ 25,508.38 $ 65,295.56 $ 299,899.72 $ 14,881.25 $ 790,221.37 *Refunds $ 38,488.08 $ 33,879.59 Total 2018 -2019 Collections YTD 167,757,958.02 Prior Years 2008 -2017 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,656,826.06 $ 3,938,196.24 $ 623,780.46 $ 6,218,802.76 Abatements $ (18,245.20) $ (126,856.78) $ (41.16) $ (145,143.14) Adjustments $ - $ 6,213.91 $ 6,213.91 Total Levy $ 1,638,580.86 $ 3,817,553.37 $ 623,739.30 $ 6,079,873.53 Collections to Date $ 626,422.30 $ 148,917.82 $ 14,881.25 $ 790,221.37 *Refunds $ 38,488.08 $ 33,879.59 $ 3,276.24 $ 75,643.91 Write -off $ (15,440.14) $ (122,656.02) $ (112,714.24) $ (250,810.40) Outstanding Balance $ 1,035,206.50 $ 3,579,859.12 $ 499,420.05 $ 5,114,485.67 YTD Interest Collected $ 100,137.65 $ 23,913.61 $ 8,271.63 $ 132,322.89 Total Prior Year Collections YTD 846,900.35 Grand Total All Collections YTD $168,604,858.37 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - July 1, 2019 ITEM: 5 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for May 2019 Current Year 2018 -2019 Total 2018 -2019 Collections YTD $ 22,039,937.94 Prior Years 2008 -2017 Real Estate Personal Property Motor Vehicles Motor Vehicles Combined Combined Scroll /Billed $ 19,068,035.56 $ 1,836,377.71 $ 1,344,535.85 $ 22,248,949.12 Abatements $ (5,425.54) $ (27,422.34) $ Adjustments $ (32,847.88) Adjustments $ 1,019.48 $ 2,312.04 $ $ $ 3,331.52 Total Taxes Charged $ 19,063,629.50 $ 1,811,267.41 $ 1,344,535.85 $ 22,219,432.76 Collections to Date $ 18,968,909.00 $ 1,726,493.09 $ 1,344,535.85 $ 22,039,937.94 *Refunds $ 87.11 $ 328.92 $ (4.30) $ 416.03 Write -off $ (44.02) $ (188.67) 128,520.77 $ $ (232.69) Outstanding Balance $ 94,763.59 $ 84,914.57 $ - $ 179,262.13 Collection Percentage 99.50 95.31 100.00 99.19 YTD Interest Collected $ 26,102.25 $ 2,652.82 $ 8,344.17 Total 2018 -2019 Collections YTD $ 22,039,937.94 Prior Years 2008 -2017 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - July 1, 2019 ITEM: 5 - 2 - 1 $ 78,577.65 Real Estate Personal Property Motor Vehicles Combined $ 127,066.82 $ 146,688.45 $ $ 273,755.27 Scroll Abatements $ (1,431.71) $ (8,819.47) $ (10,251.18) Adjustments $ 779.54 $ 779.54 Total Levy $ 125,635.11 $ 138,648.52 $ $ 264,283.63 Collections to Date $ 62,383.88 $ 10,679.67 $ $ 73,063.55 *Refunds $ 1,703.38 $ 556.22 $ $ 2,259.60 Write -off $ (3.36) $ (4.30) $ $ (7.66) Outstanding Balance $ 64,951.25 $ 128,520.77 $ $ 193,472.02 YTD Interest Collected $ 6,470.20 $ 1,303.50 1 $ 1 $ 7,773.70 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - July 1, 2019 ITEM: 5 - 2 - 1 $ 78,577.65 New Hanover County Fire District Monthly Collection Report for May 2019 Current Year 2018 -2019 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 8,602,206.69 $ (4,834.94) $ 5,481.38 $ 954,235.17 $ (141.60) $ 1,185.60 $ 775,764.23 $ $ $ 10,332,206.09 (4,976.54) 6,666.98 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ $ 8,602,853.13 8,558,957.44 104.36 (30.96) $ $ $ $ 955,279.17 911,297.37 149.55 (134.76) $ $ 775,764.23 775,764.23 $ $ $ $ 10,333,896.53 10,246,019.04 253.91 (165.72) Outstanding Balance $ 43,969.09 $ 43,996.59 $ - $ 87,965.68 Collection Percentage 99.49 920.49 95.39 $ 100.00 $ 99.15 YTD Interest Collected $ 12,485.34 $ 971.58 $ 4,710.19 $ 18,167.11 $ 620.49 $ 50,954.13 *Refunds $ 574.80 $ 105.87 Total 2018 -2019 Collections YTD 10,263,932.24 Prior Years 2008 -2017 Real Estate Personal Property Motor Vehicles Combined Scroll $ 94,703.45 $ 206,959.71 $ 34,838.04 $ 336,501.20 Abatements $ (642.60) $ (635.85) $ (1,278.45) Adjustments $ 920.49 $ 920.49 Total Levy $ 94,060.85 $ 207,244.35 $ 34,838.04 $ 336,143.24 Collections to Date $ 40,248.93 $ 10,084.71 $ 620.49 $ 50,954.13 *Refunds $ 574.80 $ 105.87 $ 680.67 Write -off $ (282.61) $ (4,995.41) $ (5,205.27) $ (10,483.29) Outstanding Balance $ 54,104.11 $ 192,270.10 $ 29,012.28 $ 275,386.49 YTD Interest Collected $ 6,531.86 $ 1,181.32 $ 412.44 $ 8,125.62 Total Prior Year Collections YTD 59,079.75 Grand Total All Collections YTD $ 10,323,011.99 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - July 1, 2019 ITEM: 5 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 REGULAR DEPARTMENT: Human Resources PRESENTER(S): Commissioners and Chris Coudriet, County Manager CONTACT(S): Bo Dean, Human Resources Analyst SUBJECT: Presentation of Service Awards and Introduction of New Employees BRIEF SUMMARY: Service awards will be presented to retirees and employees. New employees will be introduced. STRATEGIC PLAN ALIGNMENT: Effective County Management • Hire, develop and retain talented people • Recognize and reward contribution RECOMMENDED MOTION AND REQUESTED ACTIONS: Present service awards and meet new employees. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present service awards and meet new employees. COMMISSIONERS' ACTIONS: Presented service awards and met new employees. Board of Commissioners - July 1, 2019 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Evelyn Bryant, Chair, New Hanover County /City of Wilmington Community Relations Advisory Committee CONTACT(S): Tufanna Bradley- Thomas, Community Affairs Coordinator SUBJECT: New Hanover County /City of Wilmington Community Relations Advisory Committee Update BRIEF SUMMARY: Evelyn Bryant will provide an update and report activities of the New Hanover County /City of Wilmington Community Relations Advisory Committee. The Committee was established in May 2016 when the New Hanover County Board of Commissioners and Wilmington City Council adopted the bylaws. The bylaws state that operational support to the Committee would be provided by the City and County on a rotating basis every two years, beginning with the City. New Hanover County assumed operational support in October 2018. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: Committee Member Information Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - July 1, 2019 ITEM: 7 NEW HANOVER COUNTY /CITY OF WILMINGTON COMMUNITY RELATIONS ADVISORY COMMITTEE Number of Members: 12 members 6 appointed by County Commissioners: 1 for each of the following categories: Business Community, Civil Rights Community, Education Community, and Faith Community and 2 At -Large 6 appointed by Wilmington City Council: 1 for each of the following categories: Business Community, Civil Rights Community, Education Community, and Faith Community and 2 At -Large Term of Office: Staggered initially; 3 years thereafter; no member shall serve more than 2 full successive terms, unless there is a break of at least one (1) full term between appointments. Regular Meetings: Quarterly; Time, day and place will be set each year by the committee at their July meeting. Established: May 2016. The New Hanover County Board of Commissioners and Wilmington City Council adopted resolutions to establish committee bylaws. Brief on the functions: The purpose of the County /City Community Relations Advisory Committee is to address community issues involving prejudice or discrimination on the bases of race, nation origin, creed or religion, age, gender, sexual orientation, disability or medical condition; informing the Appointing Authorities and other organizations of their findings; and making recommendations, in an advisory capacity, to the Appointing Authorities and other organizations, as necessary. Board of Commissioners - July 1, 2019 ITEM: 7 - 1 - 1 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION New Hanover County Members Evelyn Bryant, Chair Civil Rights First 9/19/16 9/30/18 719 Campbell Street Community Second 10/1/18 9/30/21 Wilmington, NC 28401 910 - 538 -2857 (C) 910 - 343 -0610 (W) Jeffrey Hovis Business First 9/19/16 9/30/17 205 Forest Hills Drive Community Second 9/18/17 9/30/20 Wilmington, NC 28403 910 - 512 -2206 (C) 910 - 762 -8206 (W) Dr. Maurice K. Locklear At -Large Unexpired 9/30/19 96 Edgewater Lane 5/20/19 Wilmington, NC 28403 910- 398 -5270 Elise Rocks Faith Unexpired 9/30/20 258 White Ave. Community 5/21/18 Wilmington, NC 28403 910 - 620 -9224 (C) Board of Commissioners - July 1, 2019 ITEM: 7 - 1 - 1 Owen Wexler, Vice -Chair At -Large First 9/19/16 9/30/18 1402 Old Lamplighter Way Second 10/1/18 9/30/21 Wilmington, NC 28403 910 - 790 -3989 (H) 910 - 616 -9765 (C) Dr. Anne York Education Unexpired 9/30/19 305 S. Lumina Ave. Community 12/17/18 Wrightsville Beach, NC 28480 402 - 216 -7750 (C) City of Wilmington Members Charles E. Davis Jr. Faith First 4/17/18 9/20/20 416 Crete Dr. Community Wilmington, NC 28403 910 - 794 -2880 (H) 910 - 352 -5583 (C) Kathy D. King Civil Rights First 4/17/2018 9/20/20 408 Clay St. Community Wilmington, NC 28405 256- 508 -2302 (C) Jen Johnson Business First 11/21/17 11/30/20 1720 Orange St. Community Wilmington, NC 28403 404 - 931 -2990 (C) 910 - 208 -0518 (H) Kristen McKeithan At -Large First 9/20/16 9/30/18 302 North 7th St. Second 10/16/18 9/30/21 Wilmington, NC 28401 910 - 616 -7824 (C) Lori Wainright At -Large First 9/20/16 9/30/19 2905 Park Avenue Wilmington, NC 28403 336- 430 -0017 (C) Florence Warren Education First 9/20/16 9/30/18 204S. 16th Street Community Second 10/16/18 9/20/21 Wilmington, NC 28401 910 - 343 -8249 (C) Staff liaison: Tufanna Bradley- Thomas Community Affairs Coordinator 230 Government Center Dr., Suite 195 Wilmington, NC 28403 Revised: 05/2019 910- 798 -7174 Board of Commissioners - July 1, 2019 ITEM: 7 - 1 - 2 O JeC countylCitj, fit, Community Relations Advisory �ommittee "We are a bridge to promote frost, communication, resources, diversity, and respect within our community.'," ITEM: 7 - 2 - 1 ITEM: 7 - 2 - 2 Thank You New Hanover County Commissioners Staff Liaisons: Tufanna Bradley- Thomas, New Hanover County Community Affairs Coordinator Suzanne Rogers, City of Wilmington Community Development and Housing Planner Committee Appointees: City of Wilmington Members: Member Category Term Expires Charles E. Davis, Jr. Faith Community 9/20/20 Florence Warren Education Community 9/20/21 Kristen McKeithan At -Large 9/30/21 Jen Johnson Business Community 11/30/20 Kathy King Civil Rights Community 9/20/20 Lori Wainwright At -Large 9/30/19 Committee Appointees: New Hanover County Members: Member Category Term Expires Evelyn Bryant, Chair Civil Rights Community 9/30/21 Jeff Hovis Business Community 9/30/20 Maurice Locklear At -Large 9/30/19 Elise Rocks Faith Community 9/30/20 Owen Wexler At -Large 9/30/21 Dr. Anne York Education Community 9/30/19 Purpose • Address Community issues involving prejudice or discrimination on the basis of race, national origin, creed or religion, age, gender, sexual orientation, disability or medical condition; • Inform City Council, NHC Commission, and other organizations of findings; • Make recommendations, in advisory capacity, to City Council, NHC Commission, and other oraanizations. as necessa Sub - committees: Programming ➢ Programming - promote healthy dialogue and communication within our community • Chair: Lori Wainright; Members: Jeff Hovis, Kristen McKeithan, Elise Rocks • Updates: Scheduled four (4) Meet & Greets; first completed at Creekwood South to address transportation concerns for Creekwood residents with WAVE Transit Sub - committees: Public Educa' ➢ Public Education — work with diverse citizens to gather & disseminate information & educational resources • Chair: Dr. Anne York; Members: Florence Warren • Updates: Began the weekly Community Resource Site in the Wilmington Room in the downtown Public Library, created a new brochure and an updated webpage; and developed a discrimination complaint process to guide residents and explain that investigations and litigation is completed on a state and federal level not on a local level. Sub - committees: Crisis Prevention & Preparedness ➢ Crisis Prevention /Preparedness — work within our community to develop conflict mediation skills • Chair: Owen Wexler; Members: Charles Davis, Kathy King, Dr. Maurice Locklear • Updates: Created a Community Crisis Plan Progress Highlights: Understanding Role: • Board /Committee Training: Bo Dean, New Hanover County Progress Highlights: Research: • Attended WPD Civil Disturbance "Peace Keeping" Training • Attended WPD "Use of Force" Training • Attended Implicit Bias Training facilitated by WPDs Linda Thompson Progress Highlights: Engaging: • Hosted Meet & Greet — June 12 @ Creekwood South • Created a new Brochure & Webpage • Developing a listing of community contacts and resources • C -RAC Members Attended: • NHC's Communicating with Legislators & Public Officials • A Groundwater Approach to Racial Equity • C -RAC Chair will serve on the NHCS Equity Committee and the City /County Workforce Housing Committee Next Steps: • C -RAC members will attend Implicit Bias training • Host (3) meet and greets within the community; (4) annually • Review best practices relating to C -RAC meetings and public comment protocols • Our Committee continues to be focused and collectively organized on our mission and the needs of our community. Recommendations: • County staff and Commissioners participate in annual Implicit Bias training, especially upon hiring and appointment • Update city website with new information that the committee has developed and also share on city social media and other public awareness efforts j1jP--qt-1V County /City of ,• o, Community Relations Advisory Committee "We are a bridge to promote trust, communication, resources, diversity, and respect within our community"' ITEM: 7 -2-15 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 REGULAR DEPARTMENT: Property Management PRESENTER(S): Kevin Caison, Facilities Project Manager CONTACT(S): Kevin Caison and Lisa Wurtzbacher, Chief Financial Officer SUBJECT: Consideration of Guaranteed Maximum Price and Budget Amendment to Fund the Demolition and Rebuild of the Division of Juvenile Justice Facility BRIEF SUMMARY: In December of 2017, Moseley Architects was approved to perform a space needs assessment and subsequent design of the new Division of Juvenile Justice Facility that will replace the existing facility located at 138 N. 4th Street. In October of 2018, Bordeaux Construction Company, Inc. was approved as the construction manager at risk. Design of the facility has been completed and the guaranteed maximum price of $13,481,766 has been determined. Total project costs are estimated to be $16,894,912 as detailed below: Design $ 1,437,950 Permits, inspections, fees, etc. 218,442 Construction 13,481,766 Furniture, fixtures, equipment and other 1,756,754 Total Project Estimate $16,894,912 A budget amendment in the amount of $15,394,912 is needed to fund the project costs as $1,500,000 has been previously budgeted for this capital project. The additional funding will be loan proceeds. The facility as designed will be a three story building with 38,785 square feet for various functions including Community Justice Services, Clerk of Court, Chief Court Counselor, space for two courtrooms, holding cells and a vehicle sally port. These functions have already been moved out of the current space and are being housed temporarily at other county owned facilities. Based on the current schedule, demolition of the current facility will begin in July 2019 and be completed by August 2019. Construction of the new facility will begin immediately following demolition of the current facility and tenants will be able to begin moving in early calendar year 2021. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention Board of Commissioners - July 1, 2019 ITEM: 8 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the guaranteed maximum price of construction and BA 20 -001 to fund the capital project. ATTACHMENTS: Budget Amendment 20 -001 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - July 1, 2019 ITEM: 8 AGENDA: July 1, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: Division of Juvenile Justice Facility Capital Project Department: Division of Juvenile Justice Expenditure: Decrease Increase 11 Total 20 -001 Division of Juvenile Justice $ 15,394,912 $ 15,394,912 Total $ - $ 15,394,912 $ 15,394,912 Revenue: Decrease Increase 11 Total 20 -001 Installment Loan Proceeds $ 15,394,912 11 $ 15,394,912 Total $ - $ 15,394,912 $ 15,394,912 Prior to Actions Today Project Fund Budget $ 1,500,000 Total if Actions Taken $ 16,894,912 Section 2: Explanation 20 -001 - The adopted FYI Capital Improvement Plan included $1.5M for design of a Division of Juvenile Justice Facility. Design is complete and the guaranteed maximum price of construction has been established. Total cost of the project, including construction, inspections, permits and FFE (furniture, fixtures and equipment) is $16,894,912. This budget amendment will increase the capital project fund by $15,394,912. The funding source for the project is installment loan proceeds. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 20 -001 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 1st day of July, 2019. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - July 1, 2019 ITEM: 8 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 REGULAR DEPARTMENT: County Manager PRESENTER(S): Kathy Stoute, Assistant County Manager CONTACT(S): Kathy Stoute SUBJECT: Presentation on 100 Bed Women's Treatment Facility BRIEF SUMMARY: At the June 17, 2019 meeting the board directed staff to bring forward a presentation and funding model for a 100 bed women's treatment facility. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. Provide direction for staff. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation and direct staff. COMMISSIONERS' ACTIONS: Heard presentation and directed staff to proceed and to bring another update in September 5 -0. Board of Commissioners - July 1, 2019 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler and Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing & Quasi - Judicial Hearing Rezoning & Special Use Permit Request (Z19 -03) — Request by Cameron Management, on Behalf of the Property Owner, Drypond Partners, LLC, to: A. Rezone Approximately 25.94 Acres of Land Located in the 4400 Block of S. College Road, from R- 15, Residential District, to (CUD) R -10, Conditional Use Residential District; and B. Obtain a Special Use Permit for a High Density Development Consisting of 324 Dwelling Units Within the Area Proposed to be Rezoned. BRIEF SUMMARY: Process Summary: Conditional Use District rezoning requests require two decisions. The Board of Commissioners must first consider the rezoning to a Conditional Use District (a legislative decision), and then consider the Special Use Permit for the proposed use (a quasi - judicial decision). As each decision has different criteria and standards, applications for Conditional Use Districtshave been separated into two hearings. Under the revised process, there will be two separate hearings with presentations by staff and the applicant, followed by the public comment. In order for a conditional use district to be approved, the Board must approve both the rezoning and special use permit. If the rezoning is denied, the special use permit will not be considered. If the special use permit is denied after the rezoning has been approved, then the Board must immediately rescind their approval of the conditional use zoning. Application Summary: Cameron Management is seeking to rezone 25.94 acres of land located in the 4400 block of S. College Road from R -15 to (CUD) R -10, and a special use permit to construct a multi- family development consisting of 192 units. The subject property is part of an approximate 133 -acre parent parcel under unified - ownership. The Whiskey Branch performance residential development, located on the eastern 71 acres of the of the tract, consists of 74 single - family dwellings, 56 duplexes, and 26 townhomes for a total of 156 dwelling units. That development is currently under construction with 118 lots being platted at this time. The applicant proposes to rezone approximately 26 acres of the 133 -acre tract from R -15 to a Board of Commissioners - July 1, 2019 ITEM: 10 Conditional Use R -10 district in order to develop the multi- family project.The project will consist of 162 one - bedroom units and 162 two - bedroom units. The Zoning Ordinance requires opaque buffers to be provided along property lines that abut residential uses and zoning. In addition, the apartment buildings must be setback a distance equal to the building's height (maximum height allowed is 40 feet) where adjacent to existing detached residential development. The closest proposed building to a single - family lot is over 80 feet away, which is more than double the required distance. Access is provided to the subject property by S. College Road (NC 132). Roadway connections will also be made to existing stub streets in Whiskey Branch (Whiskey Branch Drive) and Fox Run (Bullitt Lane), however gates are either installed or planned at both connections. A Traffic Impact Analysis (TIA) was completed and approved by the WMPO and NCDOT for the entire Whiskey Branch project consisting of single - family dwellings, townhomes, multi- family units, and commercial development. The commercial development is not being proposed at this time and would require a rezoning prior to any construction. That TIA is currently being updated to adjust the phasing of the project and to analyze alternative access points on S. College Drive. NCDOT and the WMPO are currently reviewing the TIA and have not yet determined the approved access points or required roadway improvements. If this application is approved, the project must install all applicable roadway improvements in accordance with NCDOT's standards priorto final approvals being issued. The 2016 Comprehensive Plan designates the subject property as General Residential, the intent of which is to provide opportunities for similar lower density residential development and supportive commercial, civic, and recreational development. The property is also located immediately adjacent to the Community Mixed Use Place Type, which 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. Because of the general nature of place type borders, which were not intended to be absolute and fixed like zoning districts, parcels located in proximity to the boundaries between place types could be appropriately developed in accordance with either place type. This allows for site - specific features and evolving development patterns in the surrounding area to be considered. In this location, the moderate density development proposed in this rezoning could function as an orderly transition between the existing low intensity uses and the potentially high- intensity uses along the corridor. Its densities are in line with those recommended for residential developments in Community Mixed Use areas, and the project is designed to ensure adequate buffers and separations from adjacent residential neighborhoods. The proposed development, which is located in a transitional area between the General Residential and Community Mixed Use place types, is generallyCONSISTENT with the Comprehensive Plan's intent of providing an orderly transition of uses from higher intensity to lower intensity areas and providing for a range of housing types. The Planning Board considered this application at their June 6, 2019 meeting. Six residents spoke in opposition during the rezoning hearing, citing concerns over infrastructure, traffic, density, crime, and lack of harmony with the area. The Planning Board recommended approval (4 -3) of the rezoning, finding that the request is consistent with the purposes and intent of the Comprehensive Plan because it will provide an orderly transition of uses from higher intensity areas located along major roadways to lower intensity areas. The Board also found their action of recommending approval of the rezoning request is reasonable and in the public interest because the proposal assists with providing a range of housing types to the area and supports opportunities for more affordable housing. During the hearing for the special use permit, one resident spoke in opposition, citing concerns over Board of Commissioners - July 1, 2019 ITEM: 10 traffic and density. The Planning Board recommended approval (7 -0) finding that the application meets the four conclusions required for a special use permit. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: A. REZONING REQUEST Staff recommends approval and suggests the following motion: I move to APPROVE the proposed rezoning of the subject property to a Conditional Use R -10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan becausethe goals of the Plan include providing for a range of housing types, opportunities, and choices, and it will provide an orderly transition of uses from higher intensity areas located along major roadways to lower intensity areas. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal assists with providing a range of housing types to the area and supports opportunities for more affordable housing. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning of the subject property included in this application to a Conditional Use R -10 district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons]. I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons]. B. SPECIAL USE PERMIT REQUEST Example Motion for Approval: Motion to approve, 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. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; Board of Commissioners - July 1, 2019 ITEM: 10 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 with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] *The Board shall immediately rescind their approval of the Conditional Use District if the companion SUP is denied. ATTACHMENTS: Z19 -03 Rezoning Script BOC Z19 -03 SUP Script BOC Z19 -03 Staff Report BOC Z19 -03 Neighbor Map Z19 -03 Zoning Map Z19 -03 Future Land Use Map Applicant Materials Z19 -03 Application Package Proposed Site Plan Z19 -03 Proposed Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval of rezoning as presented by staff. Recommend approval of the special use permit as recommended by the Planning Board unless greater weight of the competent and material evidence presented during the public hearing suggests that one or more of the required conclusions cannot be met. COMMISSIONERS' ACTIONS: The item was withdrawn at the request of the petitioner. Board of Commissioners - July 1, 2019 ITEM: 10 Conditional Use Zonina District ADDlication (Z19 -03 A. REZONING SCRIPT Request by Cameron Management, on behalf of the property owner, Drypond Partners, LLC, to rezone approximately 25.94 acres of land located in the 4400 block of S. College Road, from R -15, Residential District, to (CUD) R -10, Conditional Use Residential District. 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 an additional 5 minutes for rebuttal. 2. Conduct He a. b. C. d. e. raring, as follows: Staff presentation Applicant's presentation (up to 15 minutes) Opponent's presentation (up to 15 minutes) Applicant's rebuttal (up to 5 minutes) Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. 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 approval or denial of the rezoning request is reasonable and in the public interest. Staff Suggested Motion: I move to APPROVE the proposed rezoning of the subject property included in this application to a Conditional Use R -10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the goals of the Plan include providing for a range of housing types, opportunities, and choices, and it will provide an orderly transition of uses from higher intensity areas located along major roadways to lower intensity areas. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal assists with providing a range of housing types to the area and supports opportunities for more affordable housing. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning of the subject property included in this application to a Conditional Use R -10 district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Conditional Use Zoning District Application (Z19 -03) B. SPECIAL USE PERMIT SCRIPT Request by Cameron Management, on behalf of the property owner, Drypond Partners, LLC, to obtain a special use permit for high density development consisting of 324 dwelling units on 25.94 acres of land located in the 4400 block of S. College 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 and wish to present competent and material testimony please step forward to be sworn in. Thank you." 2. This is a quasi - judicial hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an 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 hearing 5. Board discussion 6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions. 7. Vote on the Special Use Permit application. Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) 13 Motion to deny the permit because the Board cannot find: 17 a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: 17 b. That the use meets all required condition and specifications: Board of Commissioners - July 1, 2019 ITEM: 10- 2 - 1 ❑ c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County: Example Motion for Approval: Motion to approve, 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. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the finding(s) that the application does not meet and include reasons why it is not being met] *The Board shall immediately rescind their approval of the Conditional Use District if the companion SUP is denied. STAFF REPORT FOR Z19 -03 CONDITIONAL USE ZONING DISTRICT APPLICATION CONDITIONAL USE ZONING OVERVIEW • According to David Owens with the UNC School of Government, a conditional use district (CUD) is a zoning district "that has no permitted uses, only special or conditional uses." There are no by -right uses within a conditional use district. Due to this, the County's Zoning Ordinance requires that applications to rezone land to a conditional use district must include the proposed land use(s) as failure to do so would create a zoning district without any permitted uses. The proposed land use(s) would then be subject to the process for reviewing a special use permit. • Applications for conditional use district are broken down into two decisions. The first being on the rezoning to the conditional use district (a legislative decision), and the second on the special use permit for the proposed use (a quasi - judicial decision). • Decisions which are legislative are policy decisions made by the Board of Commissioners. The Board may take into account both opinions and facts when considering legislative rezoning proposals. In making a decision on a legislative rezoning, the Board must state whether the proposal is or is not consistent with the Comprehensive Plan, and if the Board's action of approving or denying the request is reasonable and in the public interest. • Quasi - judicial decisions, on the other hand, must be based only on competent, material, and substantial evidence presented at the hearing. Only parties with standing should present evidence to the Board, and that testimony should relate to the four conclusions required for a special use permit to be granted. In some situations, the only competent evidence is provided by someone regarded as an expert in the subject field. • In order for a conditional use district to be approved, the Board of Commissioners must approve both the rezoning and special use permit for the proposed use. APPLICATION SUMMARY Case Number: Z19 -03 Request: A) Rezoning to a Conditional Use R -10 Zoning District B) Special Use Permit for a high density development consisting of 324 dwelling units Applicant: Property Owner(s): Hill Rogers — Cameron Management Drypond Partners, LLC Location: Acreage: 4400 block of S. College Road 25.94 PID(s): Comp Plan Place Type: R07100- 004 - 004 -000 General Residential Existing Land Use: Proposed Land Use: Undeveloped Multi- family ( "high density" development) Current Zoning: Proposed Zoning: R -15 (CUD) R -10 Z19 -03 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 1 Page 1 of 14 SURROUNDING AREA LAND USE ZONING North Single - Family Residential (Fox Run) R -15 East Single - Family Residential (Whiskey Branch) R -15 South Single - Family Residential, proposed Townhome Units (Whiskey Branch) R -15 West Undeveloped, S. College Road, Multi - Family Residential R -15 Q @Cldl �arFFIELI �`� :��x �. �. o� .gyp yMMO " 9, 011 . +rY�LF . Jq�� '►�✓c a r ✓ ��"'� <AkF RF :.;i3� ` . # _ rep Q¢ i'Y .ri pZ FA I . j�► Lr t' Na s ptyy`, LU _ � . JAYbIND >O�, .� �� l�ri�'�%y'�, �.1•`" �'� SA'� � �{ 0 219-03 �O r4F REEG, sN�"� �"qfl 4"a- riTESL;g7P.4kK w F�BFC'¢y \ l C�`i' ��+7��!I+j l� �y � ,s¢ 1`• -� a ��1f�� ll��%%.. 20 ZONING HISTORY October 15, 1969 Initially zoned R -15 (Area Masonboro) Z19 -03 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 2 Page 2 of 14 COMMUNITY SERVICES Water /Sewer Water and sewer services are available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire Archaeological District, New Hanover County Station Myrtle Grove Schools Bellamy Elementary, Codington Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation Hugh MacRae Park, Trails End Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z19 -03 Staff Summary BOC 7.1.201 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 3 Page 3 of 14 A. Z 19 -03 REZONING REQUEST • The subject property is part of an approximate 133 -acre parent parcel under unified - ownership. The Whiskey Branch performance residential development, located on the eastern 71 acres of the of the tract, consists of 74 single - family dwellings, 56 duplexes, and 26 townhomes for a total of 156 dwelling units. That development is currently under construction with 1 1 8 lots being platted at this time. A Traffic Impact Analysis completed for the entire property in 2017, included the 156 dwelling units, 250 multi - family units, and indicated that 150,000 sq. ft. of retail and 50,000 sq. ft. of general office is planned for the western portion of the property fronting S. College Road. The commercial development is not being proposed at this time and would require a rezoning prior to any construction. Whiskey Branch Planned Commerical Development City of Wilmington Z19 -03: Subject Property Proposed Multi - Family Future Townhomes Whiskey Branch Performance Residential Existing Duplexes • The applicant proposes to rezone approximately 26 acres of the 1 33 -acre tract from R -15 to a Conditional Use R -10 district in order to develop a multi - family project consisting of 324 dwelling units. As currently zoned, the subject site would be permitted 65 dwelling units under the performance residential standards and 265 units with a high density special use permit. Z19 -03 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 4 Page 4 of 14 R -15 R -10 Proposed CUD Min Lot Size 15,000 sf 10,000 sf N/A (Conventional) 2.5 du /ac 3.3 du /ac Max Density (Performance) (Performance) 12.5 du /ac 10.2 du /ac 17 du /ac (High Density) (High Density) Max Dwelling 65 (Performance) 86 (Performance) Units for Subject 324 Property 265 (High Density) 441 (High Density) Z19 -03 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 4 Page 4 of 14 TRANSPORTATION • Access is provided to the subject property by S. College Road (NC 132). Roadway connections will also be made to existing stub streets in Whiskey Branch (Whiskey Branch Drive) and Fox Run (Bullitt Lane), however gates are either installed or planned at both connections. The proposed gate at Bullitt Lane will be within the proposed multi - family development and will restrict access to allow for only emergency vehicles. The gate at Whiskey Branch Drive is existing and will be controlled by the subdivision's Home Owners' Association to provide for emergency vehicle access. Traffic Counts — 2018 Road Location Volume Capacity V/C DAILY 5200 block (approx. quarter 325 dwelling units 137 143 S. College Road mile north of Carolina Beach 32,452 29,300 1.11 Road) S. College Road 3700 block (south of 17Th 47,124 43,700 1.08 Street) Trip Generation LAND USE (ITE Code) INTENSITY AM PEAK PM PEAK DAILY Multi - Family Housing — Mid Rise 325 dwelling units 137 143 1,770 (221) • As currently zoned, R -15, the subject site would be permitted a maximum of 65 dwelling units under the performance residential standards. A detached single - family dwelling typically generates about one trip during the peak hours. With this zoning, the property is estimated to currently generate approximately 65 trips during the peak hours. The proposed rezoning to allow 324 multi - family units is estimated to increase the number of trips generate for a total estimated 137 AM peak hour trips and 143 PM peak hour trips. • A Traffic Impact Analysis (TIA) was completed and approved by the WMPO and NCDOT for the entire Whiskey Branch project consisting of single - family dwellings, townhomes, multi - family units, and commercial development. That TIA is currently being updated to adjust the phasing of the project and to analyze alternative access points on S. College Drive. The TIA can be found online at the County's Development Activity Page: httl2:/ /planningdevelol2ment.nhcgov.com /development - activity/ • The updated TIA examines two scenarios with different access points to S. College Road and provides recommended improvements for each scenario. While the recommended improvements vary per scenario, both contain the installation of multiple turn lanes along S. College Road, including new u -turn lanes near Weybridge Lane in Fox Run (see exhibits on the next page). The TIA recommends improvements be made for the proposed multi- family project, including the installation of a right turn lane(s) on S. College Road at the access points proposed in each scenario. • NCDOT and the WMPO are currently reviewing the TIA and have not yet determined the approved scenario or required roadway improvements. If this application is approved, the project must install all applicable roadway improvements in accordance with NCDOT's standards prior to final approvals being issued. Z19 -03 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 5 Page 5 of 14 Alternative # 1 (Previously Approved by NCDOT) Alternative #4 (Proposed by Applicant & Under Review by NCDOT) Z19 -03 Staff Summary BOC 7.1.2019 Page 6 of 14 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 6 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Under Review Under Draft SAVE $HI E. STIP Project �o U -57028 0 81 Z19 -03_ q PgRK C 4' i rRUn. � "o� \ OAV F�r 1 Wave Bus Stop �• "� STIP Project t •v tt � Miles 0 0.25 0.5 2 a V,SLOL 1 Mile Radius pNS�O� ON ODFEr 9 Oy gR� Sy Fk 2 � O 1 � A lis�a City of Wilmington I F R(r a H� WK Whiskey TIA Update Under Review K_ S Nearby NC STIP Projects: • STIP Project U -5702B o Proposal that will install access management and travel time improvements to S. College Road from Shipyard Boulevard to Carolina Beach Road. This project is currently unfunded. • STIP Project U -5790 o Proposal that will convert the intersection of Carolina Beach Road/Piner Road and College Road to a continuous flow intersection and widen a portion of Carolina Beach Road south of that intersection. Continuous flow intersections permit more efficient travel movements and help alleviate congestion by allowing more of the main street's traffic to move through the intersection. Construction of the project is expected to start in 2025. Zl 9 -03 Staff Summary BOC 7.1.2019 Page 7 of 14 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 7 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Land Use /Intensity TIA Status Development • Phase 1A: 88 Single - Family Dwellings, 82 Townhomes • TIA originally approved 1. Whiskey Branch • Phase 113: 325 Apartments August 25, 2017 • Phase 2: 50,000 sq. ft. of • Update of TIA is currently General Office, 150,000 under review sq. ft. of Shopping Center The TIA recommended improvements be completed at certain intersections in the area. The notable recommendations consisted of: • Installation of turn lanes on S. College Drive at the site's access points. • Installation of u -turn lanes north of the site's access points near Weybridge Lane. • Monitor certain turning movements for signalization and install once warranted and approved by NCDOT. Nearby Proposed Developments included within the TIA: • None. Development Status: Phase 1 A is under construction. 118 lots have been platted. All improvements required at this time have been installed. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Whiskey Creek (SA;HQW) 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, however, the project will connect to available CFPUA sewer services. Z19 -03 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 8 Page 8 of 14 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. Place Types "'�:�g��? ® Y City of Wilmington FP a ��'� rim �, �. Q�'F�, w� •�5,� 719-03 t ss• �n�ih� :. �� ✓9� �� > � CONSERVATI ONL,- a 1 7,5— der A v " GENERAL- RESIDENTIAL v O: U�9 � ''COMMUNITY MIXED USE � MI � ��. �oxrt Soul, E� ,off m _ 00 r "�. ! 1 C.F ICA �'A LVk. v"Mlpp IV'eW,HanOVef COl3nty,�iVV r Future Land Use Map Place Type General Residential Focuses on lower- density housing and associated civic and commercial services. Typically, housing is single - family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description recreation and school facilities are encouraged throughout. Types of uses include single - family residential, low- density multi - family residential, light commercial, civic, and recreational. The subject parcel is located along the S. College Road corridor roughly halfway between the major commercial node at the Monkey Junction intersection and the commercial node at 17th Street within the City of Wilmington. It is the largest undeveloped tract remaining in the unincorporated county north of Monkey Junction, and the Comprehensive Plan designates the portion of it closest to S. College Rd. as a Community Mixed Use place and the eastern portion as General Residential. Analysis Unlike many of the highway corridors in New Hanover County, this portion of S. College Rd. is not uniformly designated as Community Mixed Use along the roadway due to historic residential development patterns that limit opportunities for mixed use development. This parcel is one of the few properties on the east side of S. College Rd. between Monkey Junction and the city where the type of community -scale mixed use project envisioned for Community Mixed Use places is possible. Z19 -03 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 9 Page 9 of 14 PLANNING BOARD ACTION ON REZONING The Planning Board considered this application at their June 6, 2019 meeting. Six residents spoke in opposition during the hearing, citing concerns over infrastructure, traffic, density, crime, and lack of harmony with the area. The Planning Board recommended approval (4 -3) finding that the application is consistent with the purposes and intent of the Comprehensive Plan because it will provide an orderly transition of uses from higher intensity areas located along major roadways to lower intensity areas. The Board also found their action of recommending approval of the rezoning request is reasonable and in the public interest because the proposal assists with providing a range of housing types to the area and supports opportunities for more affordable housing. STAFF RECOMMENDATION Staff recommends approval of the application as stated in the Planning Board's action. Staff concurs with the Planning Board's statements that the application is consistent with the Comprehensive Plan. Z19 -03 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 10 Page 10 of 14 The subject property is designated as General Residential, the intent of which is to preserve existing residential neighborhoods and provide opportunities for similar lower density residential development and supportive commercial, civic, and recreational development. Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed in accordance with either place type. The proposed development site is located in a transitional area, and the moderate density development proposed in this rezoning could function as an orderly transition between the existing low intensity uses and the potentially high- intensity uses along the corridor. Its densities are in line with those recommended for residential developments in Community Mixed Use areas, and the project is designed to ensure adequate buffers and separations from adjacent residential neighborhoods. In addition, this type of development more efficiently uses the limited land resources available in the county and can provide opportunities for more affordable and diverse housing types. The proposed development, which is located in a transitional area between Consistency the General Residential and Community Mixed Use place types, is Recommendation generally CONSISTENT with the Comprehensive Plan's intent of providing an orderly transition of uses from higher intensity to lower intensity areas and providing for a range of housing types. PLANNING BOARD ACTION ON REZONING The Planning Board considered this application at their June 6, 2019 meeting. Six residents spoke in opposition during the hearing, citing concerns over infrastructure, traffic, density, crime, and lack of harmony with the area. The Planning Board recommended approval (4 -3) finding that the application is consistent with the purposes and intent of the Comprehensive Plan because it will provide an orderly transition of uses from higher intensity areas located along major roadways to lower intensity areas. The Board also found their action of recommending approval of the rezoning request is reasonable and in the public interest because the proposal assists with providing a range of housing types to the area and supports opportunities for more affordable housing. STAFF RECOMMENDATION Staff recommends approval of the application as stated in the Planning Board's action. Staff concurs with the Planning Board's statements that the application is consistent with the Comprehensive Plan. Z19 -03 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 10 Page 10 of 14 B. Z19 -03 SPECIAL USE PERMIT REQUEST PROPOSED SITE PLAN ProposedGate k[o nrr,antN�i� k'' °��, i�mm�rG�xuprku r:agar w�nuitruutG�k�5u nNfcxyk''x�r i �� +� "J�il.;. Proposed Site Plan • The application proposes to develop an apartment complex containing 324 units. The units will consist of 162 one - bedroom units and 162 two - bedroom units. • The Zoning Ordinance requires opaque buffers to be provided along property lines that abut residential uses and zoning. In addition, the apartment buildings must be setback a distance equal to the building's height (not to exceed 40 feet) where adjacent to existing detached residential development. The closest proposed building to a single - family lot is over 80 feet away, which is more than double the required distance. • The site plan was reviewed by the Technical Review Committee and it complies with the applicable zoning regulations. • The site is required to access S. College Road. The exact location of the access points is dependent on NCDOT's review of the updated TIA for the development. The site and its access must be constructed in accordance with the approved TIA and NCDOT and County standards. Z19 -03 Staff Summary BOC 7.1.2019 Page 11 of 14 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 11 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. Conclusion 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 S. College Road, an arterial street and North Carolina highway (NC 132). B. The subject property is located in the New Hanover County South Fire Service District. C. Traffic impacts are reviewed by NCDOT through the Traffic Impact Analysis process, and any required roadway improvements must be installed in accordance with NCDOT's standards prior to final zoning approval being issued. D. Based on the Institute of Traffic Engineers Trip Generation Manual, the proposed use is estimated to generate 137 trips in the AM peak and 143 trips in the PM peak. E. The site is not located within any Special Flood Hazard Area. F. Water and sewer services must be provided and designed in accordance with CFPUA's standards. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is proposed to be zoned R -10, Residential District. B. High density developments are allowed by special use permit in the R -10 zoning districts. C. The site plan has been reviewed by the Technical Review Committee and complies with all applicable technical standards including Zoning Ordinance Section 72 -43: High Density Development. Conclusion 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 area contains single - family housing. The Whiskey Branch development also contains duplexes, and is proposing to construct townhomes. Multi- family projects (Tesla Park Apartments, The Gardens Condos) are located on the west side of S. College Road. B. Bufferyards must be provided between the development and adjacent residential property. C. The applicant provided a report prepared by a real estate appraisal and consulting firm (JC Morgan - Jack C. Morgan III, MAI, SRA, AI -GRS, R/W -AC). In the report, Mr. Morgan concluded that "there was no market data that [he] found that suggested the proposed project would have any impact on the values of the adjoining or abutting properties." Z19 -03 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 12 Page 12 of 14 Conclusion 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 Comprehensive Land Use Plan for New Hanover County. A. The property is located in an area that transitions between the Community Mixed Use and General Residential place types, as classified in the 2016 Comprehensive Plan. B. While the property is located within the General Residential place type, it is located immediately adjacent to the Community Mixed Use place type. C. The proposal is not consistent with the preferred density range of the General Residential place type, which recommends multi - family housing to be developed from 2 -6 dwelling units an acre. D. The proposal is consistent with the recommended uses and densities of the Community Mixed Use place type. E. Place type borders are not intended to be absolute and fixed like zoning districts, parcels located in proximity to the boundaries between place types could be appropriately developed in accordance with either place type. F. The proposal is generally consistent with the Comprehensive Plan's intent of providing an orderly transition of uses from higher intensity areas located along major roadways to lower intensity areas and providing for a range of housing types. G. The applicant provided a report prepared by a real estate appraisal and consulting firm (JC Morgan - Jack C. Morgan III, MAI, SRA, AI -GRS, R/W -AC). In the report, Mr. Morgan stated that "within the market area, comparable infill sites have been developed with mixed uses, generally consisting of commercial uses located at the front of the development and single - family land uses located at the rear of the developments. These two land uses are often (and preferably) transitioned by multi - family or office uses. The proposed project maintains this trend, suggesting it is in harmony with the area it is located." PLANNING BOARD ACTION ON SPECIAL USE PERMIT During the hearing for the special use permit, one resident spoke in opposition, citing concerns over traffic and density. The Planning Board recommended approval (7 -0) finding that the application meets the four conclusions required for a special use permit. Z19 -03 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 13 Page 13 of 14 EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, 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. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the surrounding area, and is in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] *The Board shall immediately rescind their approval of the Conditional Use District if the companion SUP is denied. Z19 -03 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 10- 3 - 14 Page 14 of 14 W�Q Case: ►14 plawr6i ,in- GGATEFIELD p DR 0 V Site Address: Existing Zoning /Use: Use: 4400 block R -15 /Undeveloped S College Rd R%pC' -LN EYB �5 GS GR�N�E` MOC 4701 4703 WpM Kj°l :636 4700 •4707 0 4701 4202 110 47,15 • '4Y • 4705 • • 4�70 4 1.0/04719. 4624 4620 •47004709 4710 • `723 4727 4704 • 4 08713 4718 • y 6 4731 421.5 • 4726/ •%\, • 4721'4722 JAYBIRD,'CIR N we; Lu W W o Z19 PA R Dint 0 -DR 718 `COVE W qY • *14 710 • :ol Z r �i 4712.4716471.7 / • 4219/4217 1 •?� • 4725 //422.1 • 4200 47200 ?��Q0 729.4225 4202• • m 4201 // �� fl' i _ r. - _ .. _% _ Proposed Zoning /Use: (CUD) R -10 /Multi- Family ,O 4204 ry ✓ /� 3� • '� o • 4821 4229 4805 •4809 481.71 4829 O // • 304 4812 • 4820 4825 4833 34808_�7 4.301 • 4816 • / 48-28 •.303 4824 4832`1.p8137; Gp� 4200 C` 4305 4801 4803 4836\ • v t • \ • 4805\ •\ �'[ +4201 �J 1.4307 4800 • 4807\4 840 4205.4203 4202 4200� 4802 • 1 . �� • 4204 ® GERZ • � 4811 4844 \1 $ 4804 • 4806 • 5 � \ 4206 4W8 �OBER� cK� 11 4208 CJ7.42o5 3812��AY• 4903• • ! 4 204810 •4900 405 ! -4209 • \� \• 4907 • 49024-4904 • 4909 4211 • 0 213.5&\ 9 4906 • 49�8� 4 4910' 5000- 50048 of• � •-`• 50� 0 5002 5006 \ • 5010 4429 0 _ _ ---N_' 1 4325 %4333 4'420 4414 4,10 212109• 4�309�4031 4327 4329 4337 4424 ®4422 •2113 •4305 • / 4 43 1 • /• 4335 • 4430.4426 44r 21 4 4540 2717.2 2.104 2113 94345 4432 •4423 537 4538 \J • 2108 • 4 00 �27a • 4534 2125 • ♦ 2125 • 4436 x4434 4425 45290 1 0 • 2112 • 2137 4533 4530 2129 • \r • (4.000 442.4525' jr 4526 0 1 �i� • • 21,16 • •4443 4521 • 2128 2133 •2120 4444 045 • • 4447 4518 •4522 • • 2137 • 4450 4446 • j r, 213.2 • 2 -124 4452,p 4460 45134. ` 4510 517 • 445414'456 45090 4506 365 • 0 "xvK A RNp,155P C IL y 4: Li o y u cr�i� / 17THiST R -10 C Dz o`& 1` Z�CB -2:! �i CUD R -.1 CITY B'1 D R -15 w C7 w J Z19 -03 2 i CUD ? ,.©w 77� G�R�WIN 1i EDZD N ®202 LLU-1 � i �MoH_ - J IyNelQjhboring Parcels 4415 Aw'K =TKO Case: Z19 -03 u4GATEF � R JAYBIRD�CIR Water Sewer Zoning CUD B -1 �� CZD B -1 oc oe ss.,., rJQYBiRD'OF, W W LA p 'aRK DR —1 J O O V U R -20S 6 DR Site Address: 4400 block 5 College Rd 3 ■ ■ Z 19 -03 R -QTR, ne - J ly 1 1 5- Existing Zoning /Use: R -15 /Undeveloped A�Aloc��f/ *,� m I G Cm r �r -:1 -Y NIC OI.A$`CREKCIR -- —� Proposed Zoning /Use:!cyo (CUD) R -10 /Multi - Family %R�Fi w BROWNLO C1 �t RENp,15$AN Cx 74 O, cR�Fk Water Sewer Zoning CUD B -1 �� CZD B -1 EDZD R -20 A -I�% CUD B -2 Q0 CZD B -2 FF R -20S AR CUD 1 -1 j CZD 0&1 1 -1 RA B -1 CUD 0&1 CZD R -10 1 -2 RFMU B -2 CUD R -10 CZD R -15 0&1 SC CITY CUD R -15 CZD R -20 PD WB CUD A -I CUD R -20 CZD R -20S R -10 CZD Al CZD R -7 R -15 � l ! Case: Z19 -03 I 1 \ - Site Address: 4400 block 5 College Rd m a D n 6�L5 C� GR�NN - GATEFIELD o DR Ln Y Lu J 0 JAYBIRD CIR JAYBIRD Lu CIR J J 0 V va Ez 7ESLq ARK pR C �M M U N ITY MIXED USE 'LLOW DR COVE ! - , ! l Existing Zoning /Use: R -15 /Undeveloped Proposed Zoning /Use: (CUD) R -10 /Multi - Family L�r NICHOLAii.CRY/ C4I SROWNLOW: HAJMM- � 2 DRS cp v� 2 aND L7R�� Aq G��NN%xV�_ REFk i cLENNISSgNC,� — Z� m n 0 1,000 F cr o�@16 ssi ner - Ju 1, 019 ITE - 1 C/W V �4 ,G l. 4� 1,P�E NOS ��2 sti°�Do �� " EN / Z w O pG u GENERAL 01 ENS Place Types ■ COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION APPLICANT MATERIALS Board of Commissioners - July 1, 2019 ITEM: 10- 7 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE t=�l 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (910) 798 -7053 planningdevelopment.nhcg ov.com CONDITIONAL USE ZONING DISTRICT Application Applicant /Agent Information Property Owner(s) If different than Applicant /Agent Name Owner Name Hill Rogers Drypond Partners, LLC Company Owner Name 2 Cameron Management Mailing Address Mailing Address PO Box 3649 PO Box 3649 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28406 Phone Phone 910- 762 -2676 910- 762 -2676 Email Email hill @cameronco.com hill @cameronco.com Subject Property Information Address /Location 5601 South College Road Parcel Identification Number(s) R07100- 004 - 004 -000 Total Parcel(s) Acreage 63 (ZS',gy ?� -oSLcT A-Ze,4 Existing Zoning and Use(s) R -15; vacant land Future Land Use Classification General Residential & Community Mixed Use Application Case Number Date/Time received: Received by: Z[9 -03 z/5-- zdn ;�>S Page 3 of 9 Board of Commission6nddWycil,Q�alBoning District Application — Updated 7/2017 ITEM: 10- 8 - 1 Proposed Zoning, Use(s), & Narrative Proposed Conditional Use Zoning District: R -10 with SUP Total Acreage of Proposed District: 20.70 Only uses allowed by right or by Special Use Permit in the corresponding General Use District are eligible for consideration within a Conditional Use Zoning District. Please list the uses that will be allowed within the proposed Conditional Use Zoning District, the purpose of the district, and a project narrative (please provide additional pages if needed). Please see attached Exhibit "A ". 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: 220 Multi- family housing (Low -Rise) Trip Generation Variable (gross floor area, dwelling units, etc.): dwelling units AM Peak Hour Trips: 146 PM Peak Hour Trips: 168 Page 4 of 9 Board of Commissioners j ni iynpl2W%Zoning District Application — Updated 7/2017 ITEM: 10- 8 -2 I CONSIDERATION OF A CONDITIONAL USE ZONING DISTRICT Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning classifications which would allow that use are acceptable. The applicant 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) Please see attached Exhibit "A ". 2. How would the requested Conditional Use Zoning District be consistent with the property's classification on the Future Land Use Map? Please see attached Exhibit "A ". 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? Please see attached Exhibit "A ". 4. How will this change of zoning serve the public interest? Please see attached Exhibit "A ". Page 5 of 9 Conditional Us Zoning District Application — Updated 72017 Board of Commissioners - du�y 1, 209 ITEM: 10- 8 - 3 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT Within a Conditional Use Zoning District, no use is allowed except by Special Use Permit. In order for a Special Use Permit to be issued, the Board of Commissioners must find that the application is meeting the following findings of fact. The applicant must explain, with reference to attached plans (where applicable), how the proposed use meets these required findings (please use additional pages if necessary). The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. Planning staff, the Planning Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed Special Use Permit meets the required findings. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: • 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 • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection • Soil erosion and sedimentation • Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater • Anticipated air discharges, including possible adverse effects on air quality Please see attached Exhibit "A ". 2. The use meets all required conditions and specifications of the Zoning Ordinance. Please see attached Exhibit "A ". Page b of 9 Con dit'onal UUs Zoning District Application — Updated 72017 Board of Commissioners - du�y 1, 20 �9 ITEM: 10- 8 - 4 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: • 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) • 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 Please see attached Exhibit "A ". A. 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: o 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) • 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 Please see attached Exhibit "A ". Page 7 of 9 Con dditio al Us Zoning District Application — Updated 7/2017 Board of Commissioners - Ju�y�, 201e9 ITEM: 10- 8 - 5 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 ". Applications must be determined to be complete in order to process for further review. Required Inforrnation Applicant Staff Initial Initial 1 Complete Conditional Use Zoning District applicationrj 2 Application fee — ($600 for 5 acres or less, $700 for more than S acres. An additional $300 fee must be provided for applications requiring TRC review)S 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. �5 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 area to be occupied by each structure and /or subdivided boundaries. For non - residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights - of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) 7 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hards 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 on a Compact Disk (CD). 13-5 Page 8 of 9 Board of CommissiorCereditibApIlOsWISning District Application — Updated 712017 ITEM: 10- 8 - 6 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Use District zoning for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application. Signature of Property Owner(s) Signa ure of Applicant /? gent Dry Pond Partners, LLC By: Bruce B. Cameron, IV, Managing Member Print Name(s) Hill Rogers /Cameron Management Print Name NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each owner of record. 'The land owner ortheir attorney must be present forthe application at the public hearings If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. if the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. For Staff Only Application Completeness Determination pP Received: ! Re uired B (date): rm Determination Performed ! on date ; Planning Board Meeting; Z/� zal Z Ilk-17-1-1t-t Zl /� 7�st `� l /-1 c �92c -1 %, Zd � Page 9 of 9 Conditional Use Zoning District Application — Updated 712017 Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 7 NEW HANOVER COUNTY I "tile � PLANNING & LAND USE A UTHORITY FOR APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite I10 Wilmington, NC 28403 910- 798 -7165 phone 910 -798 -7053 fax www.nhcgov.coni Please note that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Matthew A. Nichols Dry Pond Partners, LLC 5601 S. College Rd. Company Owner Name 2 City, State, Zip Law Office of Matthew A. Nichols Wilmington, NC Address Address Parcel 11) 3205 Randall Pkwy, Suite 104 P.O. Box 3649 R07100- 004 - 004 -000 City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28406 Phone Phone (910) 508 -7476 (910) 762 -2676 Email Email matt@mattnicholslaw.com hill @cameronco.com Case Number Reference: Datefrime received: Received by: This document was willfully executed on the Dry Pond Partners, LLC Owner I Signature By: Bruce B. Cameron, N, Managing Member day of Owner 2 Signature Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 8 09/14 'Y. NEW HANOVER COUNTY r �7 PLANNING & LAND USE AUTHORITY FOR �f f APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910- 798 -7053 fax w,ww.nhcgov.com Please note that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent lnfor•matiori Applicant Subject Property Applicant Name Address Name Matthew A. Nichols Hill Rogers 5601 S. College Rd. Company Applicant Name 2 City, State, Zip Law Office of Matthew A. Nichols Cameron Management Wilmington, NC Address 3205 Randall Pkwy, Suite 104 Address P.O. Box 3649 Parcel ID R07100- 004 - 004 -000 City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28406 Phone Phone (910) 508 -7476 (910) 762 -2676 Email Email matt @mattnicholslaw.com hill @cameronco.com ICase Number Reference: I Datefrime received: This document was willfully executed on the �— __ day of X"�yl Applicant I Signature Hill Rogers, Cameron Management /' E 9 Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 9 Received by: , 20_LI 09/14 Exhibit A to Conditional Use Zoning District Application Proposed Use: The Applicant is requesting a conditional use district rezoning of a portion ( ±20.70 acres) of an approximately 64 -acre tract located at 5601 South College Road from R -15 District to CUD(R- 10), for the purpose of constructing a 324 unit, very high - quality apartment rental community with associated amenities, including a clubhouse, pool, fitness center, media room, dog park, grills and car wash. Consideration of a Conditional Use Zoning District: 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) According to the NHC Comprehensive Plan, "NHC is expected to experience a high level of employment and population growth... increasing by over 120,000 people in 2040 ". With this expected increase in growth, coupled with a very limited supply of land inventory, the proposed Conditional Use Zoning District would allow a more efficient use of the land and provide a wider array of residential living opportunities to meet the demands of the growing residential population. As stated in the Comprehensive Plan: The vision of today reflects the need for a change in development patterns and includes switching from traditional sprawling development patterns to a denser, mixed -use style of land use. This will allow New Hanover County to achieve higher levels of density where appropriate, leaving room to preserve and protect the county's natural resources. Additionally, mixed -use development will create more opportunities for citizens in terms of housing, jobs and shopping choices, as well as foster a more active lifestyle. Plan NHC 2016: Prologue "What the Plan Will Do" (emphasis added) The proposed multi - family development coupled with the future development of the commercial node along College Road achieves this vision by creating a high - quality mixed -use development with direct access to a major transportation corridor. Further, the proposed development is consistent with the 6 Themes of the Comprehensive Plan: Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 10 NEWHAWNIRCOUNTW CDMMfHl tNVE MAN CHAPTER 3; FRAMING THE POLICY CONTENTS: The Livable Built Environment Harmony with Nature 'Interwoven Equity Resilient Economy Healthy Community Responsible Regionalism aas+eaa -r rr. Theme Consistency The Livable Built Environment • Allows the opportunity for multi -modal transportation into mixed land uses which encourages walkability. • Creates a mix of housing types. • Revitalizes an underused section of a major commercial corridor. Harmony with Nature • Encourages sustainable growth through an efficient use of land that supports higher density along a major transportation corridor, provides a variety of amenities onsite and will eventually tie into a commercial node residents can walk to. Interwoven Equity • Provides an additional housing type, choice and price_ point. Resilient Economy a Infill development of commercial corridor with a balance of uses. • Creates a unique community with a sense of lace. Healthy Community • Walkable mixed -use communities promote a healthy, active lifestyle. Responsible Regionalism • Consistent with the policies and goals encouraging the creation of higher - density walkable communities along major transportation corridors. Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 11 2. How would the requested Conditional Use Zoning District be consistent with the property's classification on the Future Land Use Map? This request would be consistent with the property's classification on the Future Land Use Map, as the parent parcel is classified as both General Residential and Community Mixed Use as shown below. The General Residential classification calls for typical zoning categories of Low Density Residential, Medium Density Residential, Office & Institutional and Planned Unit Development with Single Family and Low Density Multi- Family uses. The Community Mixed Use classification allows for Moderate Density Residential zoning and Multi- Family Residential uses with an ideal density of 15 units /acre. .Yw.YYY.w��wr�l r� .1 Mil. 4 COMMUNITY MIXED USE vtl'1 T�k..a. .—. V[r. wirwi.ww►�Iw H C Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 12 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? The original zoning of R -15 of the subject property was established when New Hanover County first zoned this area of South College Road more than forty years ago. Since that time, South College Road has evolved to become a primary vehicular north -south transportation corridor. As mentioned above, the entire County is experiencing and will continue to experience significant growth, and this land is now an infill urban site. Additionally, there have been significant improvements to infrastructure since the time of the initial zoning including improvements to College Road and the water /sewer system infrastructure, which facilitates infill development at higher densities than the original R -15 zoning designation. 4. How will this change of zoning serve the public interest? In addition to the foregoing Comprehensive Plan consistency points, this proposed conditional use district rezoning will allow the rapidly growing population of New Hanover County to have a more diverse and more affordable range of housing opportunities along a major transportation corridor. The conditional use district framework and process will also allow the property to be designed and developed in a comprehensive manner pursuant to a specific site plan and special use permit along with conditions to mitigate impacts and ensure compatibility and consistency with the surrounding area. Criteria Required for Approval of a Special 1.1se Permit: 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: • 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 • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection • Soil erosion and sedimentation • Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater • Anticipated air discharges, including possible adverse effects on air quality The use will not materially endanger the public health or safety if located where proposed because development impacts, including traffic concerns and impacts, will be mitigated through the conditional use district review and approval process. Utility services are in place to serve the Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 13 proposed use. Civil engineering, design and permitting will prevent soil erosion, sedimentation and protect water supplies, and all required development permits, including stormwater permits, will be obtained. There will be no significant or extraordinary air discharges associated with the proposed use and development, which is residential. 2. The use meets all required conditions and specifications of the Zoning Ordinance. The use will meet all required conditions and specifications of the Zoning Ordinance. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: • 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) • 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 The proposed residential use is in harmony and compatible with the surrounding uses and existing adjacent /nearby developments. The proposed transition and increase from lower density to higher density residential uses has proven to be successful throughout the incorporated and unincorporated areas of New Hanover County. There will be adequate buffers and landscaping, and traffic calming devices will be utilized at connection points between neighborhoods. As proposed, the use will not substantially injure the value of adjoining or abutting 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: • 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) • 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 Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 14 The Applicant respectfully contends 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 which it is to be located and in general conformity with the NHC Comprehensive Land Use Plan. The general area in which the development is proposed includes single - family neighborhoods of varying densities, townhouse communities and multi - family developments as seen on the vicinity map below: In addition to being consistent with many of the overall goals and objectives of the Comprehensive Plan and the six themes of the Plan, as stated previously in this application, the proposed use is consistent with many of the NHC Plan Goals found in Chapter 3: Framing the Policy (pp 11 -19), including the following: • Promote a mixture of uses, where appropriate, in an effort to cluster development and minimize impacts on natural resources • Strengthen and direct development toward existing communities through encouraging infill and redevelopment • Encourage development where existing infrastructure is available • Encourage a walkable community that create more human interaction between neighbors, to promote eyes on the street and in social spaces • Encourage a mixture of uses in developments that allow individuals to walk, rather than rely on vehicles. • Promote compact development, mixture of uses and infill that minimizes trips and vehicle miles traveled. Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 15 REPORT OF COMMUNITY MEETING Proposed Conditional Rezoning from R -15 to CUD (R -10) A portion of 5601 S. College Rd. The undersigned hereby certifies that written notice of a community meeting for the above - referenced conditional rezoning proposal was mailed via First Class Mail to all property owners within 500 feet of the subject properties as listed on the County tax records on January 16, 2019, and also submitted to the County Planning Department on January 16, 2019 for e -mail distribution via the "Sunshine List ". A list of all adjacent property owners to whom written notice was mailed is attached hereto as Exhibit "A ". A copy of the written notice is also attached as Exhibit `B ". Copies of all envelopes that were returned undeliverable is attached hereto as Exhibit "C" The meeting was held at the following time and place: Thursday, January 31, 2019, from 6:30 p.m. to 8:00 p.m. at Midtown YMCA, 709 George Anderson Dr., Wilmington, North Carolina. The persons in attendance were: For a list of persons in attendance, please see copy of sign -in sheets from the Community meeting attached hereto as Exhibit "D ". On behalf of the Applicant the following people were in attendance: Hill Rogers, Cameron Management, Inc; Matt Maynard, Mark Maynard, Jr., Michael Maynard, Molly McDonough and Maria Pietroforte, Tribute Companies; Josh Mihaly, RLA, Mihaly Land Design; Rynal Stephenson, P.E., Ramey Kemp & Associates; Matt Nichols and Nikki Cooper, Law Office of Matthew A. Nichols. The following issues were discussed at the Community Meeting: • Proposed multi - family project including number of units and site design; • Building elevations; • Vehicle and pedestrian circulation through site; • Likely timeline of rezoning submittal process and Planning Board hearing; • Open house format of community meeting; • Stormwater engineering of the site and neighbor concerns with ditch maintenance, mosquito control and impact to watershed regarding same; • Buffers and setbacks from adjacent residences; • Traffic movements, traffic counts, and neighbor concerns with overall traffic including along College Rd.; • Neighbor objections to proposed interconnectivity with Bullitt Lane; • Effect on property values in the area; • Anticipated impacts to infrastructure of proposed rezoning; • Single family vs. multi - family development. Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 16 As a result of the meeting the following changes were made to proposed project: No proposed changes at this time. Respectfully submitted, By: Matt ew A. Nic ols, attorney and agent for the Applicant Law Office of Matthew A. Nichols Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 17 PARID R07115- 001 - 005 -000 R07115- 002 - 003 -000 R07115- 002 - 002 -000 R07111- 006 - 016 -000 R07111- 005 - 009 -000 R07106- 005 - 014 -000 R07111- 005 - 010 -000 R07107- 010 - 015 -000 R07110- 003 - 001 -000 R07111- 005 - 006 -000 R07115- 002 - 001 -000 R07115- 001 - 004 -000 R07110- 001 - 055 -000 R07111- 005 - 005 -000 R07107- 010 - 014 -000 R07111- 004 - 004 -000 R07111- 007 - 022 -000 R07111- 004 - 005 -000 R07106- 005 - 013 -000 R07111- 006 - 008 -000 R07106- 008 - 019 -000 R07106- 008 - 007 -000 R07106- 008 - 004 -000 R07111- 005 - 008 -000 R07111- 003 - 014 -000 R07111- 003 - 024 -000 R07106- 008 - 015 -000 R07107- 010 - 011 -000 R07111- 006 - 022 -000 R07111- 006 - 004 -000 R07111- 006 - 021 -000 R07111- 007 - 007 -000 R07111- 003 - 015 -000 R07111- 007 - 019 -000 R07106- 008 - 011 -000 R07111- 007- 016 -000 R07111- 004 - 002 -000 R07110- 003 - 003 -000 R07111- 006 - 011 -000 R07106- 007 - 005 -000 R07111- 007 - 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July 1, 2019 ITEM: 10- 8 - 18 EXHIBIT l- DELCO, NC 28436 WILMINGTON, NC 28409 TRENTON, NC 28585 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28401 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28403 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28408 CAROLINA BEACH, NC 28428 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28411 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28406 R07106- 007- 014 -000 R07110- 002- 002 -000 R07111- 008 - 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July 1, 2019 ITEM: 10- 8 - 19 WILMINGTON, NC 28406 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28412 MYRTLE BEACH, SC 29577 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 GREENVILLE, NC 27858 WILMINGTON, NC 28409 TEMPLE HILLS, MD 20748 WILMINGTON, NC 28409 MONROE, NC 28110 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28403 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28405 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 SYRACUSE, NY 13212 CAROLINA BEACH, NC 28428 WILMINGTON, NC 28409 WILMINGTON, NC 28401 WILMINGTON, NC 28409 R07111- 005 - 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July 1, 2019 ITEM: 10- 8 - 20 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WRIGHTSVILLE BEACH, NC 28480 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28403 WILMINGTON, NC 28409 WEST PALM BEACH, FL 33401 WILMINGTON, NC 28409 WILMINGTON, NC 28406 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 MILLER PLACE, NY 11764 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 RALEIGH, NC 27602 WILMINGTON, NC 28409 LEESBURG,VA 20176 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 R07111- 006 - 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380 -000 R07100- 004 - 347 -000 R07100- 004 - 374 -000 R07100- 004 - 341 -000 R07100- 004 - 336 -000 R07100- 004 - 358 -000 R07100- 004 - 372 -000 R07100- 004 - 338 -000 R07100- 004 - 371 -000 R07100- 004 - 348 -000 R07100- 004 - 373 -000 R07100- 004 - 367 -000 R07100- 004 - 344 -000 R07100- 004 - 356 -000 R07100- 004 - 337 -000 R07100- 004 - 350 -000 R07100- 004 - 343 -000 STAATS MAUREEN A NOVOSEL PAMELA MCKEE DAWN A HILL DEMETRIUS JACKSON KENDA N ETAL LOGAN THOMAS C JANET M GREENE LARRY T ANN T LEDET LAURIE M MICHAEL FOX RUN HOA INC LUCAS JONATHAN C ALLYSON M LLOYD WILLIAM C SHIRLEY S SASSER DONALD W REVOCABLE TR ETAL SOUTH COLLEGE ASSOCIATES TESLA PARK APARTMENTS LLC SERENITY POINTE @ PAGES CREEK LLC RIVENBARK ROGER EARL WARDEN WAYNE R SONG H PRATT STEPHEN M LARA L HANBY JOHN CARROLLJUSTINA FENNELL EUGENE HEIRS JAKWAY GRETCHEN B MICHAEL D MAXWELL JAMES M SHELLEY S CONSTABLE TERENCE J CARMEN L MANSI SARAH A COX CAROLYN M DUNN MANDY LYNN GRIFFIN ELANE B HOWARD JOHN W LIVING TRUST PFEIFFER RICHARD M CASAS JUAN R BONNIE L LESTER MELISSA D JOHN E ETAL WILLIAMS NORWOOD HRS HARDY WYONIA REDD HEIRS DRY POND PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC INSEL GEORGE CHRISTINA WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC FUSSELL CANDICE WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC 4821 WEYBRIDGE LN 4300 CHADSFORD CT 714 MOHICAN TRL 614 MOHICAN TRL 4600 WEYBRIDGE LN 4837 WEYBRIDGE LN 4836 WEYBRIDGE LN 4900 WEYBRIDGE LN 2002 EASTWOOD RD #305 4305 CHADSFORD CT 4844 WEYBRIDGE LN 1509 MARSH COVE LN 2812 ERWIN RD SUITE 205 10 CARDINAL DR S 7426 JANICE LN 709 MOHICAN TRL 625 MOHICAN TRL 621 MOHICAN TRL 717 MOHICAN TRL 629 MOHICAN TRL 701 MOHICAN TRL 721 MOHICAN TRL 619 MOHICAN TRL 713 MOHICAN TRL 553 MOHICAN TRL 555 MOHICAN TRL 601 MOHICAN TRL 120 LAKEVIEW 613 MOHICAN TRL 609 MOHICAN TRL 100 DRIFTWOOD CT 136 BILLY THE KID DR PO BOX 16218 PO BOX 3649 PO BOX 3649 2128 BOSTIC WAY PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 PO BOX 3649 4345 BYTHAL HILL CIR PO BOX 3649 Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 21 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28403 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28409 DURHAM, NC 27705 WILMINGTON, NC 28403 WILMINGTON, NC 28411 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WILMINGTON, NC 28409 TOOELE, UT 84074 WILMINGTON, NC 28409 WILMINGTON, NC 28409 WRIGHTSVILLE BEACH, NC 28480 NOLANVILLE, TX 76559 WILMINGTON, NC 28408 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28409 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28406 WILMINGTON, NC 28409 WILMINGTON, NC 28406 R07100- 004 - 334 -000 WHISKEY NAVAJO DEVELOPMENT PARTNERS LL.0 R07100- 004 - 357 -000 WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC R07100- 004 - 325 -000 WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC R07100- 004 - 351 -000 FALCO ROBERT A KATHERINE S R07100- 004 - 370 -000 WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC R07100- 004 - 339 -000 WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC R07100- 004 - 340 -000 WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC R07100- 004 - 346 -000 WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC R07100- 004 - 381 -000 WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC R07100- 004 - 349 -000 WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC R07100- 004 - 345 -000 WHISKEY NAVAJO DEVELOPMENT PARTNERS LLC R07100- 004 - 352 -000 DOWNING ELIZABETH PO BOX 3649 WILMINGTON, NC 28406 PO BOX 3649 WILMINGTON, NC 28406 PO BOX 3649 WILMINGTON, NC 28406 4349 BYTHAL HILL CI WILMINGTON, NC 28409 PO BOX 3649 WILMINGTON, NC 28406 PO BOX 3649 WILMINGTON, NC 28406 PO BOX 3649 WILMINGTON, NC 28406 PO BOX 3649 WILMINGTON, NC 28406 PO BOX 3649 WILMINGTON, NC 28406 PO BOX 3649 WILMINGTON, NC 28406 PO BOX 3649 WILMINGTON, NC 28406 4353 BYTHAL HILL CIR WILMINGTON, NC 28412 Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 22 LAW OFFICE OF E71 MATTHEW A. NICHOLS 3205 Randall Parkway, Suite 104 Ph: (910) 508 -7476 Wilmington, NC 28403 Email: matt@mattnicholslaw.com January 16, 2019 NOTICE OF COMMUNITY MEETING TO: Adjacent and Nearby Property Owners and Residents FROM: Matthew A. Nichols RE: Community Meeting Regarding Proposed Conditional Use District Rezoning Request Thursday, January 31, 2019 — 6:30 p.m. to 8:00 p.m. Midtown YMCA, 709 George Anderson Dr., Wilmington, NC Dear Neighbors: This is a notice for a community information meeting for an upcoming request by my client, Cameron Management, the applicant, on behalf of Dry Pond Partners, LLC, the property owner, for a rezoning of a portion of 5601 South College Road from R -15 to CUD(R -10), for construction of a high - density multifamily residential project consisting of 324 apartment units, a clubhouse, pool and other associated amenities. The subject parcel located at 5601 South College Road (New Hanover County Tax Parcel ID No. R07100 -004- 004 -000) consists of approximately 64 acres and is generally shown as that property shaded in orange on the attached Exhibit 1 (Figure A). The proposed rezoning request would apply to approximately 20.70 acres of that parcel, and the proposed rezoning area is generally shown as that area shaded in light blue on the attached Exhibit 1 (Figure B). Also attached to this notice as Exhibit 2 is a preliminary conceptual rendering for the CUD(R -10) rezoning proposal. The purpose of the community information meeting is to explain the proposal and answer questions from meeting attendees. This meeting is also open to the general public. The community meeting will be held in the meeting room of the Midtown YMCA located at 709 George Anderson Dr., Wilmington, NC from 6:30 p.m. to 8:00 p.m. on Thursday, January 31, 2019. For directions or for further information, or if you are unable to attend the community information meeting and have any questions, comments or concerns about this matter, please feel free to contact me or my paralegal Nikki Cooper at the contact information listed above, and I will be glad to speak or meet with you individually at your convenience. Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 23 Y s Proposed CUD(R -10) Rezoning Area r .1 Figure B Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 24 < tn / < LU Z C) < M: cd r- LA U q 11 co Llj LU 7 OV "gum Lwaulf- -0\�q 777 2! ft .•-FFj i I - F F—F--T--T- a I • BUILD 16� "T 2! ft .•-FFj i I - F F—F--T--T- a I • Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 25 sc FAHI �L X11 .1 f fl its S Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 25 sc FAHI �L X11 .1 f fl V U1J1U:! U1 1V1dLU1t:!VV '%. IMHUIZ )5 Randall Pkwy, Suite 104 imington, NC 28403 EXHIBIT Loll, ARAB SHRINE CLUB H CORP 720 PARK PL WEST PALM-BEACH, FL 33401----- 114 0 E: ;R UNABLE TO !7ORWARD VAC ' Zfeff, P3 t4t U1 lVidLUILW A. NiLfWij andall Pkwy, Suite 104 ;gton, NC 28403 USA -LI-- NL Z64W KIMBERLY DUPUIS 4906 TARHEEL CT APT 103 W I LM I N GTYN,, l' 1 r "FA ry'a 7 F E 7.L5 R h -,a, 5 D E F FWD a i5 zi s Z, 14 4 - -6.6 a 2$40 1 >5 �31 a 6 FOX RUN HOA INC 2002 EASTWOOD RD #305 WILMINGTf"'," K,,- -)RAn:z 75 DF i RETURN 70 SENDER A D 13 R �E s 1A 'ZI, _U 2 t� ss ,.,,,-.-l3oqrggQCommi bihers,. July Ol 294031-720�IFM: I. Ull. 1L vv n. .f la Pkwy, Suite 104 NC 28403 'e' +:7. D U I Lt'- LUl+ 28403 ,U SA 4,41.j. MY TRAM TH I H UYN H 5511 CAIRLiLiNA BEACH RD # 9 WILMINGTnN Nl(-')RA1 I -- N 276 FE I a a a 111: 2 5 i 3, SE RET-:,,RN TO SENDER A C P 0 N 7 0 4-, %' A14 K 4s z 4 0 �1- e5 t" U . S . A MY TRAM TH I H UYN H 5511 CAROLINA BEACH RD #9 WILMINGTr)Pd N.0 )RdIJ RETURN TO SZNDER T IN Z T K' *li 4 A Z.'.. To -'F - - �. 7 ,e e i4 w f. 29412-26071 HERMAN M and GWENDOLYN K ABRAHAM 4808 OBERBECK WAY W I LIVI I N GTON XC 2R409 6 lFi T-2 3 -3 F.=TUF]4 5'=NDEF PTT�—mp r":91 'N 'T N^i- I 0 K' t U 04 P'a'L 0 W AR D r- 254'05 ;Z':-r 6 , S cMgg e6r�gV361 11,12-Voil", Wissioh y EM: 10- 8 - 27 Matthew A. Nichols Pkwy, Suite 104 VC 28403 Matthew A. Nichols :)'Kwy, Suite 104 ir-'28403 Ir"i -b— 'TTE LINDSAY M BOOLS 4800 OBERBECK WAY WILMINGTnN NIC 28402 P14 1 U S A" FOq EVER - RETURN TO SENDER 3NOT. F U N AZ L Z 7, 0 F, 0 -R. 'p 4 A P, D 7, 14. USA '* ... IN GEORGETOWNE HOA 2502 17TH ST S WILMINGTON Nr ?R4DI RE 70 q N 7-0 SENDER UTF a z B 4 a 5 z 5 is 3, 6 4.5-- i�' 07 81-16 -46 2 9 4 a 61 H 17jin "; 1115 q idiflill 10 iii 11 Hwldlwhbsll� , Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 28 EX418-IT _D COMMUNITY MEETING SIGN-IN SHEET 10MMMIIIIIIIIIIIIIIII FOR PROPOSED CONDITIONAL USE DISTRICT REZONING REQUEST FOR 5601 S. COLLEGE RD. (NEW HANOVER TAX PARCEL ID NO. R07100-004-004-000) JANUARY 31, 2019 MIDTOWN YMCA, 709 GEORGE ANDERSON DR., WILMINGTON, NC NAME ADDRESS y 4- 0 JIM)AY A wwl� - 04tvc rc: JI-Q01 'r_00�K 4 -:1, (� c V1 _17),/\ Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 29 Community Meeting Sign-In Sheet Proposed Conditional Use District Rezoning of 5601 S. College Rd. Thursday, January 31, 2019 Midtown YMCA, 709 George Anderson Dr. NAME ADDRESS IZ __7� eYeLL) L/ `` _ � � LO L q L e, a C-"? "e-'ee- /7- /C eqc-L_e_ L fYlll�i J1 )7_ of A L\j ? Z Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 30 Community Meeting Sign-In Sheet Proposed Conditional Use District Rezoning of 5601 S. College Rd. Thursday, January 31, 2019 Midtown YMCA, 709 George Anderson Dr. NAME ADDRESS 4 1/11 T L-AL, 'I/L 11-5ZU'Lif VL z AIL'( en C, Tom,j Loc-, r—a Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 31 Eb(A Community Meeting Sign-In Sheet Proposed Conditional Use District Rezoning of 5601 S. College Rd. Thursday, January 31, 2019 Midtown YMCA, 709 George Anderson Dr. NAME K ADDRESS Z Z AA7d_(` I is i 1 11 4� t-b Y) A17 'y�Vd -K- 2- ;wes /�Vcv 4A s cik to-PI < 14- A- tAk _4 : -77 4141 . / Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 32 Community Meeting Sign -In Sheet Proposed Conditional Use District Rezoning of 5601 S. College Rd. Thursday, January 31, 2019 Midtown YMCA, 709 George Anderson Dr. NAME r ADDRESS 1'- 414 1 ) 2 u ec/ LkA c� Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 33 Community Meeting Sign -In Sheet Proposed Conditional Use District Rezoning of 5601 S. College Rd. Thursday, January 31, 2019 Midtown YMCA, 709 George Anderson Dr. 0 � (K) u" -r o "'_e_ K�O c 0 ADDRESS /� / G 6 bra Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 34 Community Meeting Sign -In Sheet Proposed Conditional Use District Rezoning of 5601 S. College Rd. Thursday, January 31, 2019 Midtown YMCA, 709 George Anderson Dr. I► F.11 �rj ADDRESS ox 1-1 Z A Yj � U k. c 3-- Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 35 February 12, 2019 RE: Description for Re- zoning (a portion of Dry Pond Partners LLC Tract) A certain tract or parcel of land lying and being in Township, New Hanover County, and being a portion of the Dry Pond Partners, LLC tract as described in deed book 5970 page 0783, Records of New Hanover County, N.C. and being more particularly described as follows: Beginning at a point in the northern line of the above referenced Dry Pond Partners tract, said point being located S 58 °06'49" E a distance of 1013.06 feet from an iron located on the eastern right of way of S. College Road (N.C. Hwy. 132 ft. 200 ft. public right of way), said beginning point being further located as having a N.C. Grid coordinate of N= 151,681.48 and E= 2,336,252.31 (N.A.D. 83): Proceed thence S 58 °06'49" E a distance of 1863.94 feet with the northern line of aforesaid Dry Pond Partners tract; thence S 80°20'38" W a distance of 611.75 feet; thence S W20'38" W a distance of 448.62 feet; thence N 79 °06'05" W a distance of 990.40 feet; thence N 01 °19'59" E a distance of 199.85 feet; thence N 01 °19'59" E a distance of 177.96 feet; thence S 88 °40'01" E a distance of 348.34 feet; thence N 01 °19'59" E a distance of 46.69 feet; thence N 58 °05'22" E a distance of 63.45 feet; thence N W19'59" E a distance of 242.35 feet; thence S 88 °40'01" E a distance of 11.00 feet; thence N W19'59" E a distance of 283.43 feet which is the point of beginning, containing 25.94 acres. All bearings are relative to N.C. Grid NAD 83. Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 36 I w h z c U3a T2. a °' z V5 Y Oro 9 m Ri W 4 L I• 4 r � f Ym� t Ga''� %r. • i. o � z z Q O U Z J � o�� all w z U w f } U�u�i� z fir, •,� . , � � p� a �O W H O Z e! 0 L zz 1. =off m w F- Z C��I z o o ^^ w ! , c•. w1 �� • � ! f�Y �� b Board of Gommfssfoners - July 1, 2U19 ITEM: 10- 8 - 37 \ �kr all I s xw! f 9� l I - -- I r — f w 1 r „0 a a r ti t l y�+ r ti Y o :E in ,;,` ♦ 4• U li, o a; LL z l Ui p � III •S: {` 4nl 1 fff h 4 } Board of Gommissloners - July 1, 1019 ITEM: 10- 8 - 38 kkt8� x � +, r. yW w ^ to �ZS LL z JC MORGAN , E REAL ESTATE VALUATION I REVIEW I CONSULTING June 6, 2019 New Hanover County Planning Commission 230 Government Center Drive Suite 110 Wilmington, NC 28403 Re: Rezoning & Special Use Permit Z19 -03 Drypond Partners, LLC 4400 Block of S. College Road New Hanover County, NC JC Morgan Company is a real estate appraisal and consulting firm in Wilmington, NC. Since 2010, our firm has appraised and consulted on hundreds of properties in and around the Wilmington area. The property types we appraise and provide consulting services for include residential, land, retail, office, industrial, subdivisions and mixed -use. Our client base consists of real estate owners, developers, financial institutions, local and federal governments and related agencies, attorneys, utility companies and airport authorities. I was recently engaged by the applicant to perform research and analysis that would enable me to conclude an opinion to Criteria Numbers 3 and 4 (on page 7 of 9) of the applicants Special Use Permit application. As my expertise is in real estate valuation, I have limited my scope to this area. The first of the two required criteria I researched was: Criteria Nu mb r The use will not substantially injure the value of adjoining or abuttig propery, or that the use is a public necessity; t To develop an opinion for this criteria, I took several steps. Each is summarized as follows: 1. Initially, I performed a cursory review of several apartment communities in the Wilmington market to determine the impact, if any, these properties had on adjacent property values. Some of the communities I reviewed included: • St. Andrews Apartments /Belle Meade Village • Still Meadow Village /The Lakes at Johnson Farm • Hawthorne at the Station /Lucia Point Lumina Station 1904 ]Eastwood Road • Suite 305 • Wilmington, NC • 28403 PC Box 481 • Wrightsville Beach, NC • 28480 Tel: 910- 256 -2920 • ]Fax: 888 -819 -8258 www.jcmorganco.com Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 39 During my research, I found no indication that the properties abutting the adjacent apartment communities had a negative (or positive) impact on value. 2. Discussions with market participants is a common method to get a feel of how the market perceives various issues. For this assignment, I spoke with several market participants about the impact the proposed development could have on the adjoining or abutting properties. I spoke with four (4) market participants active in the local real estate market (2 residential real estate appraisers and 2 residential real estate brokers). All four of the individuals indicated that the proposed project would have rM impact on the real estate values of adjoining or abutting properties. In fact, several indicated that a SFD backing up to an adequate buffer of a luxury apartment community would be preferable to one backing up to another SFD. 3. Finally, I researched a large multi - family development located very close to the proposed development and any influence it had on the values of the adjacent single family residential subdivision. The apartment community is called Telsa Park and the adjacent subdivision is called Georgetown. There are 20 properties in Georgetown (lots /SFDs) that are adjacent to the Tesla Park apartment community. These 20 properties were compared to 24 other properties in the Georgetown subdivision that are not adjacent to Tesla Park. For this analysis, sales data dating back from 2002 to present day was reviewed (as Tesla Park was built in 2002). The information that was researched included (1) initial lots sales, (2) sales prices of SFDs, and (3) annual appreciation rates. Again, properties that abutted the apartment community were compared to properties that did not abut the apartment community. Based on the analysis of these datasets, it is concluded that the location of a property adjacent to the apartment community has no impact on value (positive or negative). In summary, there was no market data that I found that suggested the proposed project would have any impact on the values of the adjoining or abutting properties. The next criteria associated with the Special Use Permit Application is as follows: Criteria Number 4 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 New Hanover County Comprehensive Land Use Plan. Due to the growth of the immediate area over the past several years, the property is considered an infill site. Within the market area, comparable infill sites have been developed with mixed uses, generally consisting of commercial land uses located at the front of the development and single - family land uses located at the rear of the developments. These two land uses are often (and preferably) transitioned by multi - family or office uses. The proposed project maintains this trend, suggesting it is in harmony with the area it is located. In my opinion, the proposed development is consistent with the New Hanover County Comprehensive Land Use Plan as it provides an orderly transition of uses from higher intensity uses located along major roadways to lower intensity uses while providing a range of housing types. Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 40 Furthermore, the proposal is consistent with the recommended uses of the Community Mixed Use place type and is consistent with current and preferred development trends for comparable locations. Should you have any questions, or want to discuss this matter further, please do not hesitate to contact me. Sincerely, i ' i r Jack C. (Cal) Morgan, III, MAI, SRA, AI -GRS JC Morgan Company Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 41 Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 42 JACK C. (CAL) MORGAN III MAI, SRA, AI -GRS, R /W -AC Owner /President JC Morgan Company Lumina Station 1904 Eastwood Road Suite 305 Wilmington, NC 28403 T 910.256.2920 F 888.819.8258 cal @jcmorganco.com PROFESSIONAL PROFILE Jack C. (Cal) Morgan III, MAI, SRA, AI -GRS, R /W -AC has over 20 years of experience in real estate appraisal, development /construction and investment analysis. Real estate valuation experience includes a range of applications including market value appraisals, appraisal review, litigation support /expert witness, tax appeals, equitable distribution, eminent domain, estate planning and various consulting assignments. Clientele consists of national, regional and local financial institutions, various federal, state and local government agencies, various sized corporations, private financiers, individual investors, property owners and law firms. A sample of assignments and properties appraised include the following: 0 Land Office Buildings • Retail • Air Rights • Industrial • Apartment Communities • Eminent Domain • Various Types of Easements • Appraisal Reviews • Subdivisions (Existing & Proposed) • Marinas • Religious Facilities /Schools • Hotels /Motels • Mobile Home Parks • Complex Residential Properties • Restaurants • Self- Storage Facilities • Mixed Use www.jcmorganco.com Professional Affiliations Appraisal Institute (MAI, SRA, AI -GRS) IRWA - International Right -of -Way Association (R /W -AC) RCASENC - Realtors Commercial Alliance of SE North Carolina Wilmington Regional Association of Realtors Professional Certifications & License NC Certified General Real Estate Appraiser (A6988) SC Certified General Real Estate Appraiser (5 130) NC Real Estate Broker NC Licensed General Contractor NCDOT Approved Appraiser Education College of Charleston, SC Bachelor of Science - Business Administration Specialized Topic Education & Seminars from the following: Appraisal Institute, International Right -of -Way Association (IRWA), CCIM, Urban Land Institute (ULI), Lincoln Institute of Land Policy Boards & Commissions NC Property Tax Commission Property Tax Commissioner 2013 -2017 City of Wilmington Zoning Board of Adjustment 2011 - Current Board of Commissioners - July 1, 2019 ITEM: 10- 8 - 43 PROPOSED SITE PLAN Board of Commissioners - July 1, 2019 ITEM: 10- 9 - 1 TIMBERS AT WHICKEY BRANCH LOCATED IN NEW HANOVER COUNTY, NORTH CAROLINA CONDITIONAL ZONING DISTRICT PLAN OWNER: DRY POND PARTNERS, LLC P.O. BOX 3649 WILMINGTON, NC 28406 / y SECTION 3 FOX RUN FARM aPa�GH1.pFWN�i IVEYBRIDGE LANE \; M632.PG368 FUTURE DEVELOPMENT \53 PO (55' PUBLIC RIGHT -OF -WAY) T A F � � I FOX RUN FARM \ �o S t 84� 1;17, M.B- 32, PG. 102 \ ,� -' ♦181 i 1421 !4431 ! 1 1 1 C `�— 44 ! 45 f e6 ! 471 ! 481 1 49 1 ! 1 RECREATION AREA �- ! 191 � / ♦,-� � / �.-y � / ♦,-i � / �.-/ �/ � I v^ SECTION 1 SECTION 26 to FOX RUN FARM 04 FOX RUN FARM OPAQUE LANDSCPE BUFFER \ �- 77f�r i %----- - - - - -- X--� -- - -� - -� — - -�— �� -�— - I 9 ELANDS _OPAO I R ME -APG:L ? 58 °049 E- f013.66'FOfiIRON S 58 °06'49" E 2952.40' CPE '� qG o � N ^ 9 L� NJ1 l� °s Q �.A 2 0 ew Board of Commissioners - July 1, 2019 ITEM: 10- 10 - 1 PC's pP�PSP � a \d`P ryy0 OBERBECK WAY / y,�� /p ��+� i (50' PUBLIC RIGHT -OF -WAY) VYE1�@R1tJt7E LANE !7181 11191 (1201 N211 f 1 11231 �52i h511 f 1 1 f 1 f1a7� i I �_i I �_4 I �_i I `22v 1 Q _ \ / IS) fQ49y NFFER w • v - \ r P6- pQ 069 PC BLDG.I \ 23,940 SF "\ , 0 �� QPpE g00 a SF `, \ 01-�GO F 20� i i / t i 62 `t 1 lop lop O�pF. 9F w \ \ Pp� ENSP 3 ��••• r- ��pGOSF g�OC'O gF 00 'V ��• - oPN 839p05 G 100 r,'r£9 /�kipS i �, L do � 1 "OFw� •' • - —00�,/// 1 152 r \ ....'00 ........ cn NHS � f / a 135 / 144 46 4S, SS- `% 0 / \ % \ "Ell 40 139 ol�l N �I ` % \ !9101 \ '• ` \ !1241 \ ,i .t 129 � t ; t it 128 i 12� i Ory i I $ / r I � T3 i 72 I 91 I qp I e � / r 1m�:�f18►t_ -'�� 'j_ � r 11q r 113 / 116 < I/ Y I I I I I I I unhi L PRELIMINARY NOT FOR CONSTRUCTION REV. NO. REVISIONS C)ATE Copyright®, Hanover Design Services, P.A., All rights reserved. Reproduction or use of the contents of this document, or additions or deletions to this document, in whole or part, without written consent of the Land Surveyor or Engineer, is prohibited. Only copies from the original of this document, marked with the original signature and original seal of the Surveyor or Engineer, shall be considered to be valid and true copies. LOCATION MAP not to scale May �I onboro Sound I c I �v I I I I E D� V Site Plan of Timbers at Whiskey Branch Apartments NEW HANOVER COUNTY, NORTH CAROLINA J Owner: DRY POND PARTNERS LLC P.O. BOX 3649 Wilmington, N.C. 28406 HANOVER DESIGN SERVICES, P.A. LAND SURVEYORS, ENGINEERS & LAND PLANNERS 1123 FLORAL PARKWAY WILMINGTON, N.C. 28403 PHONE: (910) 343 -8002 LICENSE # C -0597 Dale: 01 -04 -19 Scale: HORZ: 150' Drawn: GW Checked: GW Project No: 8061 Sheet No: 1 of: 2 IVEYBRIDGE LANE R \G � (55' PUBLIC RIGHT -0F -WAY) \ / FUTURE DEVELOPMENT \20 / T I T I T SECTION 2B FOX RUN FARM \ M.B. 32, PG. 102 , \ / / r � ` - �4_6 O RECREATION AREA (� r ` r ` � 9 SECTION 1 1 SECTION 2B LO " FOX RUN FARM N "gkEF�5v9 \�" M.B._3Q,PG. 58 FOX RUN FARM I OPAQUE LANDSCPE BUFFER 58°0649"�fi0130E'FRUM IRL)N -ONRW — �rP 58 °06'49" E 2952.4 - s � so— sB— sB— sez sB— - - - - -- Z = _ —_ — — — _J 40' SETBACK 5 . 1 BLDG. 23,940 SF VN TYPICAL PARKING BAY X- SECTION N.T.S. 18' I r r I I V 26' I B TVr11n A I nTnrrT n V nrl%TlrlAl SECTION 3 M.i. s4, Ne. za5 � --,, � ---- Q / / - � " � 'I-, , ;- =' 0 " p "" FOX RUN FARM ' � o M.B. 32, PG. 366 \ Z - _ OBERBECK WAY r:24% - WE-YBR. ,,E LANE- (50' PUBLIC RIGHT -0F -WAY) 1171 / \ / Q53) r146� \ ,;;Y , v v\ "1 r152� o � X47i ii' / ,' "5 / r118� r119� Q1 20 r121� r122� r\23/ ` -/ r151� r 2� r148� FOX RUNHOA,INC / I �_ �_/ �_/ I / \ / / �_/ X50/ X49/ �I o Ma / D.B. 2033, PG. 185 E 15 OPAQUE LA DSCPE BUFFER = — — — — — — — - \PCB °• ems°\ s" i'' / ice, M.B. 34, PG. 396 - - -- / ---- - - - - -- ��/ — se se— se— se— se— se— se se— se— se— se— se— se se— se— se— se— se— se— se— se— se— se— se =a6— se se— se— se— se— s se— se— se s 40' SETBACK - � I G i �Pc / S � O 0 t i I /✓\� e e O \ I ass \ // XP `�� m 0CJ F \ , rb \ \ �sa.,'... . r. :`'t- •• �� 00 v .t. .1 �c ,v �� m\ �,JOgO� \moo. LEGEND l SETBACKS PROPOSED SANITARY SEWER PROPOSED WATER LINE W \\ PROPOSED SANITARY SEWER MANHOLE ryA q0 PROPOSED 20' BUFFER YARD ` l \m gL °G c APARTMENT BUILDING DATA PROPOSED OPEN SPACE BUILDINGS NOTTO EXCEED40' IN HEGHT AREA SF (GROUND) UNITS 1 BR UNITS 2 BR UNITS AREA (gsf) BUILDING A 25000 60 30 30 75000 SOIL TYPES ,', , �` pRNP�ER ��j� // j� BUILDINGB 7980 24 12 12 23940 �N l6� � /�� -�% %�� QQ � �� / BUILDING 7980 24 12 12 23940 BUILDING D 7980 24 12 12 23940 Ly = LYNN HAVEN FINE SAND \ / / \ \\ �� _�/' �� j�� BUILDING 7980 24 12 12 23940 \� \ \\ ` i%y / �/ i�� BUILDING F 7980 24 12 12 23940 Mu = MURVILLE FINE SAND \ \ /% Le - LEON SAND \ \\ \\J�U ��i � BUILDING 7980 24 12 12 23940 BUILDING H 7980 24 12 12 23940 FLOOD ZONE \� \\ \Q �`�1��'� �� / / BUILDINGI 7980 24 12 12 23940 �i �/� BUILDING 7980 24 12 12 23940 lx\R`�\ BUILDING K 7980 24 12 12 23940 NON -FLOOD HAZARD AREA ZONE "X" \\ BUILDING L 7980 24 12 12 23940 MAP # 3720313500K DATED 8/28/2018 NEW HANOVER COUNTY 370168 INDEX MAP 8/28/2018 \ TOTAL 112780 324 162 162 338340 i SITE DATA TAX PARCEL No. R07100- 004 - 004 -000 ZONED R -15 NEW HANOVER COUNTY RESIDENTIAL DISTRICT 64.35 ACRES TOTAL TRACT 25.94 AC. TOTAL PROJECT AREA NO WETLANDS ON SITE REFERENCE D.B. 5970 PAGE 283 ITEM: 10- 10 - 2 LINE 1 DISTANCE L1 , 887.05' L2 S 31 °53'11" W 19.43' L3 S 13 °44'56" E 307.74' L4 S 28 °20'15" E 344.51' L5 S 80 °20'38" W 448.62' L6 APARTMENT BUILDING DATA PROPOSED OPEN SPACE BUILDINGS NOTTO EXCEED40' IN HEGHT AREA SF (GROUND) UNITS 1 BR UNITS 2 BR UNITS AREA (gsf) BUILDING A 25000 60 30 30 75000 SOIL TYPES ,', , �` pRNP�ER ��j� // j� BUILDINGB 7980 24 12 12 23940 �N l6� � /�� -�% %�� QQ � �� / BUILDING 7980 24 12 12 23940 BUILDING D 7980 24 12 12 23940 Ly = LYNN HAVEN FINE SAND \ / / \ \\ �� _�/' �� j�� BUILDING 7980 24 12 12 23940 \� \ \\ ` i%y / �/ i�� BUILDING F 7980 24 12 12 23940 Mu = MURVILLE FINE SAND \ \ /% Le - LEON SAND \ \\ \\J�U ��i � BUILDING 7980 24 12 12 23940 BUILDING H 7980 24 12 12 23940 FLOOD ZONE \� \\ \Q �`�1��'� �� / / BUILDINGI 7980 24 12 12 23940 �i �/� BUILDING 7980 24 12 12 23940 lx\R`�\ BUILDING K 7980 24 12 12 23940 NON -FLOOD HAZARD AREA ZONE "X" \\ BUILDING L 7980 24 12 12 23940 MAP # 3720313500K DATED 8/28/2018 NEW HANOVER COUNTY 370168 INDEX MAP 8/28/2018 \ TOTAL 112780 324 162 162 338340 i SITE DATA TAX PARCEL No. R07100- 004 - 004 -000 ZONED R -15 NEW HANOVER COUNTY RESIDENTIAL DISTRICT 64.35 ACRES TOTAL TRACT 25.94 AC. TOTAL PROJECT AREA NO WETLANDS ON SITE REFERENCE D.B. 5970 PAGE 283 ITEM: 10- 10 - 2 LINE BEARING DISTANCE L1 S 58 °06'49" E 887.05' L2 S 31 °53'11" W 19.43' L3 S 13 °44'56" E 307.74' L4 S 28 °20'15" E 344.51' L5 S 80 °20'38" W 448.62' L6 N 79 °06'05" W 990.40' L7 N 01 °19'59" E 199.85' L8 N 01 °19'59" E 143.29' L9 S 88 °40'01" E 178.78' L10 N 01 °19'59" E 24.66' L11 S 88 °40'01" E 184.55' L12 IN 01 °19'59" E 58.15' L13 IN 58 °0622" E 58.67' L14 IN 01 °19'59" E 526.94' 5 000' 6 000' 2.0' 17.000' 17.000• 2.0' 6.000' 5.000' C/L **NOTE WELL: PAVEMENT THICKNESS AND SUBGRADE REQUIREMENTS MAYBE INCREASED PER RECOMMENDATION OF GEOTECHNICAL CONSULTANT. CONTRACTOR RESPONSIBLE FOR COMPACTION TESTING (2 ) 6.000" STONE O3 6.000" COMPACTED SUBGRADE G 4.000" CONC OS 2' CURB NOT TO SCALE .0, ,��j Z c — I I � I w w g6w w I / O I 1 C w w s$ I I / I I F WAY (PRl17A DENSITY CALCULATIONS PROJECTAREA (AC) 25.94 UNITS ALLOWED /AC 17 TOTAL UNITS ALLOWED 441 TOTAL UNITS PROPOSED 324 OPEN SPACE REQUIREMENTS 647 REQUI RED TOTAL 25.94 20% 5.19 AC PROVIDED TOTAL 10.93 AC REQ. IMPROVED REC. 25.94 15% 3.89 AC PROVIDED IMPROVED 162 3.89 AC IMPERVIOUS AREAS 10380 400 26.0 PARKING AND INTERNAL DRIVES 216206 SF STREET C 29792 SF I NTERNAL SI DEWALKS 57579 SF APARTMENT BUILDINGS 112780 SF CLUB HOUSE 10380 SF POOL DECK 24018 SF GAZEBO 960 SF MAIL KIOSK 508 SF WHISKEY BRANCH DRIVE 44603 SF WHISKY BRANCH DR. SIDEWALKS 5220 SF TOTAL IMPERVIOUS 502046 SF TOTAL PROJECTAREA 1129975.00 SF PERCENT IMPERVIOUS 44% PRELIMINARY NOT FOR CONSTRUCTION REV. NO. REVISIONS DATE Copyright®, Hanover Design Services, P.A., All rights reserved. Reproduction or use of the contents of this document, or additions or deletions to this document, in whole or part, without written consent of the Land Surveyor or Engineer, is prohibited. Only copies from the original of this document, marked with the original signature and original seal of the Surveyor or Engineer, shall be considered to be valid and true copies. PARKING DATA PARKING SHOWN ON STREET 83 REGULAR 564 CLUB HOUSE 18 TOTAL 665 DEDICATED TO APARTMENTS 647 SPACES PER UNIT 2.00 PARKING REQUIRED NO. OF 1 BR UNITS 162 1.5 243 NO. OF 2 BR UNITS 162 2 324 CLUBHOUSE 1:400SF 10380 400 26.0 TOTAL REQUIRED 593.0 Site Plan of Timbers at Whiskey Branch Apartments NEW HANOVER COUNTY, NORTH CAROLINA J Owner: DRY POND PARTNERS LLC P.O. BOX 3649 Wilmington, N.C. 28406 HANOVER DESIGN SERVICES, P.A. LAND SURVEYORS, ENGINEERS & LAND PLANNERS 1123 FLORAL PARKWAY WILMINGTON, N.C. 28403 PHONE: (910) 343 -8002 LICENSE # C -0597 Date: 08 -31 -18 Scale: HORZ: 1 "= 100' Drawn: GW Checked: GW Project No: 8061 Sheet No: 2 Of 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z19 -08) — Request by Eastern Carolinas Commercial Real Estate, on Behalf of the Property Owner, Ogden -New Hanover Volunteer Emergency Medical Service, Inc., to Rezone Approximately 8.43 Acres of Land Located at 4450 and 4580 Carolina Beach Road, from R -15, Residential District, to B -2, Highway Business District BRIEF SUMMARY: Eastern Carolinas Commercial Real Estate, on behalf of the property owner, Ogden -New Hanover Volunteer Emergency Medical Service, Inc., is seeking to rezone approximately 8.43 acres of land located at 4450 & 4580 Carolina Beach Road, from R -15 to B -2. In December 1979, the Board of Commissioners approved a Special Use Permit (SUP) for the operation of a Volunteer Rescue Squad on the subject properties. The SUP was modified in 2007 to add a 10,200 sq. ft. building for the storage of disaster response vehicles. New Hanover Regional Medical Center operates its regional response services in the building at the rear of the property. The subject properties currently contain two existing structures. According to the applicant, the Volunteer EMS Services (which utilized the building fronting Carolina Beach Road) has relocated the service to the Monkey Junction area. In addition, New Hanover Regional Medical Center representatives have stated their intent to relocate the regional response service (which uses the rear building) in 2020. The current R -15 zoning of the site limits the use of the property to mostly residential purposes, limiting adaptive reuse of the existing structures. The applicant believes both buildings would accommodate a number of the uses permitted in the B -2 district, such as contractor, warehousing, office, and light industrial related businesses. These uses would typically generate about 15 -35 trips in the peak hours based on the approximate size of the existing structures. If the site was to be redeveloped as a shopping center of the same size, it is estimated approximately 155 trips would be generated in the peak hours. Traffic impacts are analyzed at the time a development or change of use is proposed. Any use that increases the trips generated by 100 in the AM or PM peak hours will be required to conduct a Traffic Impact Analysis (TIA). Even if a TIA is not required, improvements may be required when any proposed use is reviewed by NCDOT during the driveway permitting process. The approximately 3 acres of the subject property closest to Carolina Beach Rd. are designated as Community Mixed Use, and the western portion closest to the Linden Ridge subdivision is designated as Conservation. Community Mixed Use areas focus on small - scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and Board of Commissioners - July 1, 2019 ITEM: 11 visitors. Conservation covers areas of natural open space and is intended to protect the natural environment, water quality, and wildlife habitats. The proposed rezoning from R -15 to B -2 is generally CONSISTENT with the 2016 Comprehensive Plan because it allows for the types of commercial services appropriate for a transitional Community Mixed Use area, and the existing stormwater facilities would limit the use of the portions of the property designated as Conservation. The Planning Board considered this application at their June 6, 2019 meeting. No one from the public spoke in opposition to, or in favor of the application. The Board recommended approval (7 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of commercial services appropriate for a transitional Community Mixed Use area. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would support business success and provide services to the surrounding community. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following motion: I move to APPROVE the proposed rezoning of the subject property to a B -2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of commercial services appropriate for a transitional Community Mixed Use area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would support business success and provide services to the surrounding community. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning of the subject property included in this application to a Conditional Use R -10 district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons]. I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons]. ATTACHMENTS: Z19 -08 Script BOC Z19 -08 Staff Report BOC Z19 -08 Neighboring Properties Map Z19 -08 Zoning Map Z19 -08 Future Land Use Map Applicant Materials Cover Board of Commissioners - July 1, 2019 ITEM: 11 Z19 -08 Application Package Updated Rezoning Area Map COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - July 1, 2019 ITEM: 11 SCRIPT for Zoning Map Amendment Application (Z19 -08) Request by Eastern Carolinas Commercial Real Estate, on behalf of the property owner, Ogden -New Hanover Volunteer Emergency Medical Service, Inc., to rezone approximately 8.43 acres of land located at 4450 and 4580 Carolina Beach Road, from R -15, Residential District, to B -2, Highway Business District. 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 He a. b. C. d. e. raring, as follows: Staff presentation Applicant's presentation (up to 15 minutes) Opponent's presentation (up to 15 minutes) Applicant's rebuttal (up to 5 minutes) Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing A. Board discussion 5. 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 approval or denial of the rezoning request is reasonable and in the public interest. Staff Suggested Motion: I move to APPROVE the proposed rezoning of the subject property to a B -2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of commercial services appropriate for a transitional Community Mixed Use area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would support business success and provide services to the surrounding community. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning of the subject property included in this application to a Conditional Use R -10 district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] STAFF REPORT FOR Z19 -08 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z19 -08 Request: Zoning Map amendment to rezone 8.43 acres from R -1 5 to B -2 Applicant: Property Owner(s): John Hinnant with Eastern Carolinas Ogden -New Hanover Volunteer Emergency Commercial Real Estate Medical Service Inc. Location: Acreage: 4500 block of Carolina Beach Road 8.43 PID(s): Comp Plan Place Type: R07000 -006- 005 -000; Community Mixed Use and Conservation R07000 -006- 006 -000 ryT Wilmington Existing Land Use: Proposed Land Use: Mostly undeveloped with two existing The property would be allowed to be structures used for EMS purposes developed in accordance with the uses permitted in the B -2 district Current Zoning: Proposed Zoning: R -15 B -2 Existing Zoning w R -15 �.�� r �.. g ZONING MF ' 4 Single - Family Residential, Multi - Family Residential, MX �,� �'! ♦ ory yV ,I -M 0 MF -M CB R� I NE kouow City CUD B -1, CUD B -2, `(CZD) 13-2�� ♦ 1, a a � of °N 54�s R : .. o �� ryT Wilmington -15 CUD B 2 0 s y2 R -15 (CUD) R-10 �swy~ Qo� R -15 o - c 2�� (CZD) 0&1 '`` MF -L R -7 �� 5� (CUD),O &l MF -L cR R -10 �ro� P�o Np� u (CZD) R 7 ' a�� . MF -L o C (cuDd,B -2 �,PO R v, anoverrCounty, N SURROUNDING AREA LAND USE ZONING North Single - Family Residential, Multi - Family Residential, R -15, MF -F, MX Undeveloped Land East Mini - warehouse, Multi - Family Residential CUD B -1, CUD B -2, CZD B -2, MX South Single - Family Residential, Moose Lodge, R -15 Telecommunication Tower, Undeveloped Land West Single - Family Residential, Undeveloped Land R -15 Z19 -08 Staff Report BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 11- 2 - 1 Page 1 of 9 Aerial r3 s Clty Of .� 14 Wilmington r� A 4 ! wid ZONING HISTORY April 7, 1971 Initially zoned R -15 (Area 4) Al_ P� 1� 5 COMMUNITY SERVICES Water /Sewer f Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Myrtle Grove Schools Williams Elementary, Codington Elementary, Myrtle Grove Middle, and .F q� w Recreation Myrtle Grove School Park, Arrowhead Park, Southgate Park, Halyburton Memorial Park COMMUNITY SERVICES Water /Sewer The buildings are served by CFPUA water and sewer services. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Myrtle Grove Schools Williams Elementary, Codington Elementary, Myrtle Grove Middle, and Historic Ashley High School, New Hanover High School Recreation Myrtle Grove School Park, Arrowhead Park, Southgate Park, Halyburton Memorial Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES The Conservation Overlay District indicates that swamp forest may be Conservation present on the site. The location of wetlands will be verified and any impacts addressed through the TRC review process if any specific redevelopments or expansions are proposed. Historic No known historic resources Archaeological No known archaeological resources ZONING CONSIDERATIONS • In December 1979, the Board of Commissioners approved a Special Use Permit for the operation of a Volunteer Rescue Squad on the subject properties. As a result of this Special Use Permit approval, the building on the northeast side of the property, along Carolina Beach Road, was built. A modification to the site plan was subsequently approved in 1 981 . The most recent modification to this Special Use Permit took place in March 2007, which was to add a 10,200 sq. ft. building for the storage of disaster response vehicles. New Hanover Regional Medical Center operates its regional response services in the building at the rear of the property. The subject properties currently contain two existing structures. Z1 9 -08 Staff Report BOC 7.1.2019 Page 2 of 9 Board of Commissioners - July 1, 2019 ITEM: 11- 2 - 2 • According to the applicant, the Volunteer EMS Services (which utilized the building fronting Carolina Beach Road) has relocated the service to the Monkey Junction area. In addition, New Hanover Regional Medical Center representatives have stated their intent to relocate the regional response service (which uses the rear building) in 2020. • The property is currently zoned R -15, Residential District. R -15 Zoning is primarily a residential zoning district, however, the Zoning Ordinance allows limited commercial uses via Special Use Permit (for example, government and emergency services, convenience stores and recreation establishments) • The current R -1 5 zoning of the site limits the use of the property to these mostly residential purposes, limiting adaptive reuse of the existing structures. The applicant believes both buildings would accommodate a number of the uses permitted in the B -2 district, such as contractor, warehousing, office, and light industrial related businesses. • Because this is a general map amendment and not a conditional rezoning, uses that would be allowed on the property are those allowed by right or by Special Use Permit in the B -2 districts based on the Table of Permitted Uses in the Zoning Ordinance. • The B -2 district permits a total of 89 uses by -right and 42 uses with a special use permit. In general, the district permits the following categories of uses: Traditional Commercial • Retail • Restaurants • Offices • Hotels • Personal Services • Gas Stations /Convenience Stores • Drug Stores Heavy Commercial Aight Industrial • Contractors • Warehousing • Mini - warehousing • RV & Boat Storage • Wholesale Z19 -08 Staff Report BOC 7.1.2019 Institutional & Recreation • Parks & Recreation Areas • Religious Institutions • Museums • Libraries • Indoor /Outdoor Recreation Special Uses • Cell Towers • Dwelling Units • Recycling Facilities with Processing • Electronic Gaming Operations • Light Manufacturing Board of Commissioners - July 1, 2019 ITEM: 11- 2 - 3 Page 3 of 9 • Any future additions or redevelopment within the proposed B -2 zoning district would be required to meet all building setbacks and landscaping buffers along the portion of the subject properties that are adjacent to property zoned R -15. Specifically: o The building setback required along Carolina Beach Road (U.S. Highway 421) would be a minimum of 50'. • The building setback required along any side property line adjacent to the R -15 zoning would be a minimum of 30' or 2.75 x Building Height, whichever is greater. • The building setback requirement along any rear property line adjacent to the R- 15 zoning would be a minimum of 35' or 3.73 x Building Height, whichever is greater. • Landscaping buffers would be required between the development and the residential properties. The buffers must be a minimum of 20' in width and provide 100% opacity. • In addition, all lights must be shielded in a manner so that light from the fixture does not directly radiate into adjacent property. TRANSPORTATION • Two existing driveways provide access to the subject properties from Carolina Beach Road (U.S. Highway 421). • Per trip generation data provided by NCDOT, use of the site as an EMS facility is estimated to have generated approximately 8 trips in both the AM and PM peaks (based on a Fire and Rescue use of 17,500 square feet). • According to the applicant, the buildings could accommodate contractor, warehousing, and light industrial uses. These uses would typically generate about 15 -35 trips in the peak hours based on 17,500 square feet. If the site was to be redeveloped as a shopping center of the same size, it is estimated approximately 155 trips would be generated in the peak hours. • Traffic impacts are analyzed at the time a development or change of use is proposed. Any use that increases the trips generated by 100 in the AM or PM peak hours will be required to conduct a Traffic Impact Analysis (TIA). Even if a TIA is not required, improvements may be required when any proposed use is reviewed by NCDOT during the driveway permitting process. Z19 -08 Staff Report BOC 7.1.2019 Page 4 of 9 Board of Commissioners - July 1, 2019 ITEM: 11- 2 - 4 Traffic Counts — Auqust 2018 Road Location Volume Capacity V/C Carolina Beach Road 5300 Block (south of 39,541 29,300 1.35 Under Review Antoinette Drive) Under Draft Carolina Beach Road 1200 Block (north of 29,856 29,300 1.02 St. Andrews Drive) Nearby Planned Transportation Improvements and Traffic Impact Analyses S ERS ERIS° 1 � � 1 F fi0 Gfi 1 rsy� 'City of Wilmington °ti��: 1 Mile Radius C� �� r tiF P HIRE :)dlands at Echo Farms TIA Approved r J ak�scc,,t T �cFti, ��' z L�J ° r GA Lr 3 a y� O = Z j NA C lFTO 'I+ Z 19 -08 y s 3 £ � � Ow 1j� � \tiFF•. ASS i 'R6 NC n Wave Bus Sto p H:. *� " s� dRroN� o = v �F '�"•••• STIP Protect n.� E Miles 54 L IT 0 0.25 0.5 L _RRAINE `y Z19 -08 Staff Report BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 11- 2 - 5 R�fdE Page 5of9 Traffic Impact Analyses ,< Approved o.l Under Review z Under Draft OZ S ERS ERIS° 1 � � 1 F fi0 Gfi 1 rsy� 'City of Wilmington °ti��: 1 Mile Radius C� �� r tiF P HIRE :)dlands at Echo Farms TIA Approved r J ak�scc,,t T �cFti, ��' z L�J ° r GA Lr 3 a y� O = Z j NA C lFTO 'I+ Z 19 -08 y s 3 £ � � Ow 1j� � \tiFF•. ASS i 'R6 NC n Wave Bus Sto p H:. *� " s� dRroN� o = v �F '�"•••• STIP Protect n.� E Miles 54 L IT 0 0.25 0.5 L _RRAINE `y Z19 -08 Staff Report BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 11- 2 - 5 R�fdE Page 5of9 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Land Use /Intensity TIA Status Development • 175 Single- family detached 1. The Woodlands at housing • Approved December 17, Echo Farms • 167 Townhomes 2018 Development • 240 Multi- family dwellings • 2022 Build Out Year • 10 court racquet tennis club The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Construction of a westbound left -turn lane at the intersection of Independence Boulevard and Echo Farms Boulevard. • Construction of a westbound right -turn lane on Carolina Beach Road (U.S. Highway 421) at Echo Farms Boulevard /George Anderson Drive. Nearby Proposed Developments included within the TIA: • Echo Farms Apartments • River Lights • Tiburon • Barclay West Development Status: Site work for the development has started. Regional Transportation Plans: • STIP Project U -5790 o Proposal that will convert the intersection of Carolina Beach Road/Piner Road and College Road to a continuous flow intersection and widen a portion of Carolina Beach Road south of that intersection. Continuous flow intersections permit more efficient travel movements and help alleviate congestion by allowing more of the main street's traffic to move through the intersection. Construction of the project is expected to start in 2025. ENVIRONMENTAL • The property does not contain any Natural Heritage Areas. • Approximately 5.40 acres are within an AE Special Flood Hazard Area (SFHA). Development is permitted within this SFHA provided it is constructed in accordance with applicable standards, including elevating the structures to the Design Flood Elevation or floodproofing. • The property is within the Barnards Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitations) and Class IV (unsuitable) soils. However, Z19 -08 Staff Report BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 11- 2 - 6 Page 6 of 9 the two existing structures are currently served by water and sewer services through CFPUA. • According to the Conservation Overlay District, there may be swamp forest present on the site. The site is currently developed with two structures and associated parking. Wetland impacts were addressed at the time of the development. If redevelopment or expansions are proposed additional wetland verification would be required. When verified, any impact to the resource would be subject to the standards of the Conservation Overlay District. 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. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. q Place T P e >> �,9A► E r �s Y J m CC uow fn. �Ly�T �y Z 19 -08 y h .''sue � •; x City of � � ��G GENERA, ri. SID'[11 `AAWTO l Wilmingtonti,"'� ®y �M �C_C7MMUNITY•MIXED USE Q NSERVATION �'�• °� ��! `d' r �'` ' tea: OWN M � �r-�� '� +�fi��3� � •'Q° w,�� 4 � ��ny . '��`unty;aN ,- Community Mixed Use and Conservation Future Land Use The approximately 3 acres of the subject property closest to Carolina Beach Map Place Type Rd. are designated as Community Mixed Use, and the western portion closest to the Linden Ridge subdivision is designated as Conservation. Z19 -08 Staff Report BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 11- 2 - 7 Page 7 of 9 Z19 -08 Staff Report BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 11- 2 - 8 Page 8 of 9 Community Mixed Use areas focus on small - scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. Place Type Conservation covers areas of natural open space and is intended to protect Description the natural environment, water quality, and wildlife habitats that serve the public through environmental education, low- impact recreation, and in their natural beauty. In these areas, increased density would be discouraged, and low impact development methods would be required. Such requirements place limits on development to ensure the protection of resources. The subject property is immediately adjacent to the Wilmington city limits in a transitional area between the higher intensity commercial area at Monkey Junction and the commercial node at the corner of Carolina Beach Rd. and Independence Blvd. within the city. Both higher density multi - family residential projects and single family residential subdivisions are in the vicinity, along with a variety of lower impact civic and commercial uses, like the Silva Commons office complex and Moose Lodge. The City has identified the portion of Carolina Beach Rd. across the street from the subject property as an area of opportunity for a suburban mixed use development type in its Create Wilmington Comprehensive Plan. In transitional areas between major intersections and /or higher density Analysis nodes like this one, lower density commercial uses that provide services for nearby residents are generally appropriate. Lower density residential zoning designations, such as R -15, do not support the mix of small scale commercial and higher density residential uses envisioned for Community Mixed Use areas. While not all of the uses permitted in the B -2 district are equally consistent with the Comprehensive Plan's vision for this area, the requested B -2 zoning could allow for the types of commercial services appropriate for a transitional Community Mixed Use area and could be appropriate in the existing structures. In addition, the existing stormwater facilities would limit the use of the portions of the property designated as Conservation and support the protection of natural resources, and the portions of the property closest to existing residential neighborhoods would remain zoned R -15. The proposed rezoning from R -15 to B -2 is generally CONSISTENT with the Consistency 2016 Comprehensive Plan because it allows for the types of commercial Recommendation services appropriate for a transitional Community Mixed Use area, and the existing stormwater facilities would limit the use of the portions of the property designated as Conservation. Z19 -08 Staff Report BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 11- 2 - 8 Page 8 of 9 PLANNING BOARD ACTION The Planning Board considered this application at their June 6, 2019 meeting. No one from the public spoke in opposition to, or in favor of the application. The Board recommended approval (7- 0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of commercial services appropriate for a transitional Community Mixed Use area. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would support business success and provide services to the surrounding community. STAFF RECOMMENDATION Staff recommends approval of the application as stated in the Planning Board's action. Staff concurs with the Planning Boards statements that the application is consistent with the Comprehensive Plan. Z19 -08 Staff Report BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 11- 2 - 9 Page 9 of 9 N Case: Site Address: Z19 -08 4500 block Carolina Beach Rd 4279 • 4275 • 4271 • 308 �� t ` 4265 y4 4276 C1 ® • 309 4259 4272 �, • • - {P•� 4266 • sAss 4253 ��` 4262• • •4245 PQ� 4258 • 4254 • 4246 4250 �j • • 4242 • Qv 220 ®12� Existing Zoning /Use: Proposed Zoning: R -15 /EMS Facility B -2 C ITY CZD e- CUD 4 fR B -1 R_10 3 0,k Z��SIKES OR R -10 D 0 &1 :06 CUD B -2 �. 7 B -2 453 0 4435 4613 R -15 • • • 4609 • ® 82 :53g ! 09 \ 4607 4601 4550 • m C% .& 4617 4615 4552 0 • • y9� ® 629 46 1 9ryc � 1 580% ` /� ®620 Proposed to remain R -15 Nil Z19 -08 104 100 (Proposed B -2) 108 ® o 4616 •12® ®20 116 P10 •105 / ®113 104• t 1 17 4504 108 100 � • 101 210 log G�105 :02 • ��q • • z0a 203 00\� :601 4605 ��P�`/ • 4 • , 101 ® 609 • 61� ~ 105 ® 1,000 • 1001 LINDEN R1 F i (fng9t- ivmAghboring Parcels \ 13 • 17 • 21 • �Q/ f 01 Q,P d5 109 113 • 117 • tea`' 0 O4i 40 X N Case: Z19 -08 II J Site Address: 4500 block Carolina Beach Rd 1� n s i Proposed to remain R -15 R -10 1,000 i (fnggt- ly 19 1 Existing Zoning /Use: Proposed Zoning: R -15 /EMS Facility B -2 CITY Xr i j jo,.4- E5 DR tu 3 ir z Q� z :ar v +o�c CU D B- �!!!!!!!.'� (Proposed B-2)' . ♦!!!!!fir! ♦!♦ Zoning CUD B-1 CZD B-1 EDZD R-20 + r ; r ; / !!!!!♦ a �!� ! CUD 0&1 CZD R-10 01-2 RFMU i CITY CUD R-15 CZD R-20 PD W13 CUD A-I CUD R-20 CZD Al CZD R-7 R-15 Case: Site Address: Z19 -08 4500 block Carolina Beach Rd I < n Proposed to remain R -15 I _ ! Existing Zoning /Use: R -15 /EMS Facility / l 1 Proposed Zoning: I ur I COMMUNITY Z19 -08 MIXED USE (Proposed B -2) <\ I/ "'A CONSERVATION S� GENERAL RESIDENTIAL NDf RIIj): �J `z - -ERp piN� 1 VY DR KES DR Place Types ® COMMERCE ZONE o EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION APPLICANT MATERIALS Board of Commissioners - July 1, 2019 ITEM: 11- 6 - 1 NEW HANOVER COUNTY PLANNING & LAND USE �y Application for ZONING MAP AMENDMENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address John Hinnant Ogden -New Han Vol Emer Med Sery Inc 4550/4580 Carolina Beach Rd Company Owner Name 2 Parcel ID(s) Eastern Carolinas Commercial Real Estat Michael Nave (Bd. President) see attached addenda Address Address Area 432 Landmark Dr., Suite 4 4550 Carolina Beach Rd 13.65 acres City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28412 Wilmington, NC 28412 R -15 (SUP) - EMS Services Phone Phone Proposed Zoning and Use (910) 619 -3430 (910) 547 -8259 B -2 - TBD Email Email Land Classification john @eccrenc.com paramedic2692000 @yahoo.com Improved - see attached Application Trackin- Information (StaJ I Case Number Date /Time received: Received by: Z i — CE APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments: Section 110: Amending the Ordinance Section 111: Petitions Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Pagel of 3 Board of Commissioners - July 1, 2019 ITEM: 11- 7 - 1 04/14 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? see attached addenda J. vviiaL SigniiicanL neighborhood changes nave occurred to make the original zoning inappropriate, or how is If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. By my signature below, I understand and accept all of the conditions, limitations and obligations of the zoning district for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. John Hinnant Signature of Petitioner and /or Property Owner Print Name rage .3 of 3 Board of Commissioners - July 1, 2019 ITEM: 11- 7 - 2 04/14 APPLICATION REQUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Initial Staff Initial ' Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. - 5 Legal description (by metes and bounds) of property requested for rezoning. - Copy of the subdivision map or recorded plat which delineates the property. 7777 1 Any special requirements of the Ordinance (for example, Section 54.2 for Planned Development District, Section 54.1 for Exceptional Design Zoning District, or Section 54.3 for Riverfront Mixed Use District 166 A report of the required public information meeting outlined in Section 111 -2.1 (if applicable) N' n i V114 Authority for Appointment of Agent Form (if applicable) gS Fee - For petitions involving 5 acres or less, $500. For petitions involving greater than 5 acres, $6005 i CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the zoning district which is being requested for the subject property. Rezoning requests must be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance, and the applicant has the burden of proving that the request is not consistent with the county's adopted land use plan, zoning ordinance, reasonable, and in the public's interest. The applicant should explain, with reference to attached plans (where applicable), how the proposed zoning district satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1. How would the requested change be consistent with the County's Policies for Growth and Develonment? see attached addenda Page 2 of 3 Board of Commissioners - July 1, 2019 ITEM: 11- 7 - 3 04/14 =f{ NEW HANOVER COUNTY rT PLANNING & LAND USE AUTHORITY FOR - -- APPOINTMENT OF AGENT Print Form I 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 -798 -7165 phone 910 -798 -7053 fax www.nhegov.com Please note that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: I . Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance, Agent Information Property Owner(s) Subject Property Name Owner Name Address John Hinnant Ogden -New Hanover Volunteer Emer- 4550/4580 Carolina Beach Rd Company Owner Name 2 City, State, Zip Eastern Carolina Commercial Real Estate gency Medical Service Inc (Mike Nave) Wilmington, NC 28412 Address Address Parcel ID 432 Landmark Dr., Suite 4 4550 Carolina Beach Rd R07000- 006 -006 -000 City, State, zip City, State, 'Zip Wilmington, NC 28412 Wilmington, NC 28412 & R07000- 006 -005 -000 Phone Phone (910) 399 -4602 / (910) 619 -3430 (910) 547 -8259 Email Email john @eccrenc.com �aramedic2692000@yahoo.com Case Number Reference: Date/Time received: Received by: This document was willfully executed on the 16th day of April , 2019 Owner 1 Signa Owner 2 Signature 091 14 Board of Commissioners - July 1, 2019 ITEM: 11- 7 - 4 Application for ZONING MAP AMENDMENT Applicant: John Hinnant, agent for Ogden -New Hanover Volunteer Emergency Medical Services, Inc Parcel ID #s: R07000- 006 - 006 -000 & R07000- 006 - 005 -000 Land Classification: Improved: 2 structures (Bldg 1 = 6,000 SgFt, Bldg 2 = 13,300 SgFt [2 stories]). 1) How will the requested change be consistent with the County's Policies for Growth and Development? The proposed rezoning from R -15 (SUP) to B -2 would create a more feasible zoning designation for the parcel of land fronting Carolina Beach Road. The current R -15 zoning designation is outdated and left- over zoning from the County's original zoning law implementation from the late 1960's. The Future Land Use Map has the site designated as Community Mixed Use. This zoning application, which is an up zoning (from R -15 to B -2)) will permit the property to more effectively offer the community a better mixture of uses. Nearly half of the permitted uses permitted under B -2 would be suitable uses for the existing structures, totaling over 17,000 square feet of metal, light industrial buildings. In addition, this section of Carolina Beach Road is in transition, from historically rural residential to dense residential development with commercial /special uses fronting Carolina Beach Road. 1) How would the requested zone change be consistent with the property's classification on the Land Classification Map? As previously stated, the proposed zoning change would better allow the property to offer a variety of uses, thus meeting the County's objective of Community Mixed use under the Future Land Use Map. The current limitations of the SUP limit the marketability of the property. 2) What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the use permitted under the existing zoning? The two parcels making up the subject property is encumbered by a conservation overlay, flood zone and high- tension power line easement. The existing improvements are currently in the only buildable area that does not endanger the environmentally sensitive area. Over the last 20 years, the county fair has relocated, creating land for mixed use development. There have been commercial developments, multifamily, ministorage facilities, special use properties and the redevelopment of the Echo Farms Golf Course are examples of the transition the area is undergoing. Under the B -2 district, there are 46 permitted uses that would work within the existing structures, preventing teardown and redevelopment of the current site. 3) How will this change of zoning serve the public interest? The proposed zoning allows the property to be more effectively using the existing structures and remain consistent with the desired Community Mixed Use designation provided in the Future Land Use Plan. The existing environmental buffer will protect adjacent residential uses, and the existing structures already blend in with the other adjacent uses which include B -2 zoning. Board of Commissioners - July 1, 2019 ITEM: 11- 7 - 5 Zoning Map Amendment 4550/4580 Carolina Beach Rd Metes & Bounds — image from Register of Deeds. 4550 Carolina Beach Rd C'OUNTN 0 "' NE'4'i ti:'4..,40i!Er, At-ID STATE Or Nord tr9t €�i.r:s, more par'tic.- i -larly de.q('iSbed a5; fnlltlw,.; R1 f;1NNTN`G in the Western line of Carolina Beach r1: cxa urlt POad W, C, Rnut_fx - 3t;) where said road i nt orsncts 1'larnard,; Cr or, ; rkinning thence in a 4++rs t_t�i ,r 0.: rrct inn wi th thc' run Of 1sarnilyds (.rock to the- run of I +t".aq Rzalnch; '- tit`7tffc in a. Southerly diructiorl a1cinj the run of bong Branch to th., dividing lime bs--t een Lut_, 10 and -1i of _li:.. Coo. C. bld;1.L prca,,ert y; thf_.ncc. F:3st_ *M 3-c 1y and aq- right angles Witti t-! r C.aro? ir.ra Bf -ar`h Mac' 1r1am Road 1110 fc€:•r to the We,.tc'rn lir,c+ of Carolina Beach MdcildEair'_ PoJa 1; i.:3C nce N'urth`..arill jr ttlonfy th x,L;.i i Wel -loin li n(, of caroli n i Fie =+ .—I ".. -a a lar:t l fi 3r1 cr le ?Si , CY #h(f rur of Rarnards to t hc, pn--s nt: o: ficainnirg. Sam,- being all of "Ot 011 of the CO-0_ C. Biddle ijroptLr°ty CC()rej 1Uj tes 'rai }r r ir9. by w• . 1_.. f actor}, C. #.% , which -'s li iy` in tr}7i. +•.c J; ;�4_c r ofc�c•ciw f�f f i C r Nc-u� tt;r r��`t r C.'.i:lit tt 5', h':•iia B. -lok i, k aqc. 27, and the same f-.r opei t,v cie,scri+lled ?.n dved rocor.df!d in t3eol' 23:3,. Pago :132 c;f t1he New lfanovnr Cot!;?t.y T'.gist,ry, 4580 Carolina Beach Rd R.;{il.i :+i1Nlvi :ri tl:(_` WtLSLiC[_Tr:' Jinn, cf (' 1i"C.'�..11I1i3 bleach, MdUc tictli'. : {ea a:i },. C. T{f: tat ty c c q. r. 30) at _ a point 20S fec,t .:+ +.jiith w„rd1,.• .z-nm °,ir= iu €l (:!f Eif rz`n -rd5; [.reek, the a.-Fte= iaiTic, the dividing 116-3c. hetr,"et-ri i:n:_% irltl cir18 411 of tf)r Cn)rgv C. l$:t:d1c l,ropert"y; rii!irlkng t'ht nce. lin!-- twardly c}rid at right' anylcts with Caro Itna 11cach Mt`ac,adav,. Rcrad 3-120 feet to tl;c, r-In of lont: BtaFtC i; titenc€., _..13 a ';ruthcrly r irvction . -alonv the run of Loral ':i:arjcl' tc, the d'viding lir-f- �ittitvc-e5 LULU , 9 and t`0 of the afar ,`�c,ntior cd C,eorgc_ C. Biddlo proncrty; runni.rig thUftce_• raLLwardly and at right angles to the Carolina Beach tlarzdan R03.1 1 :a01 fnr t tr. the Western link-" of Carolina Roarh Miar'irlary Rnada _hence'.' 1',er¢riwardly als -,Tiq the *_ aid wc:!;t,orn line of Carolina Be ,ic h itacadarl H. <Iad 210 feet to the point: of l c'g inning. .3ant! tae ir.y all of .oat A : Ci of thc: Conrg €i C, fiddle property ac.c•nrding to snap nade by 7. L. Rel tor., C. F,., which is di iv ill Register c f D ed s Off "jc , Krr w Hanover Co;.ir tsf, ? "d 1) ICiCSfi'{_ j, P aqe 27, and h(-inil Chf° {sa,, v piopert. +t' in de (-,dii rccor &f(! ic Book 233, 1' }ryr_• 3P I Of thr* Nf.4: 31. }11Ci:�f r C'oUnt;• iccqi. +3r ry. Savinq and Exc�cpt i € q, hog:, sil; ; _r� T1;Lici1 Of the voye:d, by dec2d i r�ciarde d in LL :.ok. f :3nove:r County F.egjstr+y and by 1iiighWay Coiiwd.s�,ion recorded in Rc:r33 stry. ever, from tht.. opuratior: of abuvn i_ r pt; rty :3s wdLtc; t 310, Page- 190 of the Nu r i € ht_of _way to the .trite Hook 710, Page 351 of s,eid Board of Commissioners - July 1, 2019 ITEM: 11- 7 - 6 two 1 j OFF - 7 1 ic WC flo w' r- U, , M a SAp REM F ISO 0,11; USE A -1,1�qm !Sc 10W -s fi Zoning Map Amendment Application 4550/4580 Carolina Beach Rd. Tax Map ■ at r a 7Y � J a ■ 'ai fr C Y • ri. � III ■ •.. � .. r ■ Board of Commissioners - July 1, 2019 ITEM: 11- 7 - 8 r. Q P •NN - it. '�. a �+�►� (j�` � � � 4 R LL' tit , •� ' ��d a �. in rr �"!;OK .: -s r. r s 2 r �7 F e r' Board of Commissioners - July 1, 2019 ITEM: 11- 8 - 1 Board of Commissioners - July 1, 2019 ITEM: 11- 8 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; Ken Vafier, Planning Supervisor; Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Special Use Permit Request (S19 -01) - Request by Benjamin Rivenbark, on Behalf of the Property Owner, Jack Carlisle, for a Special Use Permit to Develop a Private Cemetery on a Portion of a 15.44 - Acre Tract of Land Located at 8640 River Road BRIEF SUMMARY: Benjamin Rivenbark, on behalf of Jack Carlisle, is requesting a special use permit to develop a private cemetery on a portion of a 15.44 -acre residential property at 8640 River Road. The site is currently developed with one single family dwelling, and is in an area where the predominant land use is low density single family residential. The nearest residential structures range from approximately 550' - 950' to west and south of the proposed cemetery while to the east, across River Road, the proposed cemetery is over 1,000' to the nearest residential structures. The subject site and general vicinity contain large expanses of conservation resource areas, and the proposed cemetery site is located on a small upland area of the property. The cemetery site will be approximately 35'x 45', will be enclosed with a perimeter fence, and will be limited to the owner's family members and close friends. No sale of burial plots or any other services will be offered to the general public. Funeral professionals will be employed for all interments and will utilize standard practices including sealed caskets, burial vaults, and grave liners in order to minimize environmental impacts. Due to the limited size and scope of the proposal, the NC Cemetery Commission has provided a statement that it will not be subject to their regulations. The site is classified as Conservation by the 2016 Comprehensive Land Use Plan. The Conservation placetype covers areas of natural open space and is intended to protect the natural environment, water quality, and wildlife habitats that serve the public through environmental education, low- impact recreation, and in their natural beauty. While the Comprehensive Plan does not specifically address this type of use, the proposed private cemetery would limit future higher intensity development on the site and could assist in protecting the natural environment. The proposed private cemetery is generally CONSISTENT with the 2016 Comprehensive Plan because it will limit future development and associated impacts on natural resources in a Conservation area. The Planning Board considered this application at their June 6, 2019 meeting, and recommended approval (7 -0) of the application with the following conditions: 1. Interments shall use modern techniques including sealed caskets, burial vaults, or grave liners to minimize potential environmental impacts. 2. No plots shall be available for sale to the general public. Board of Commissioners - July 1, 2019 ITEM: 12 STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Motion for Approval: Motion to approve with the conditions as recommended by the Planning Board, 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. Conditions: 1. Interments shall use modern techniques including sealed caskets, burial vaults, or grave liners to minimize potential environmental impacts. 2. No plots shall be available for sale to the general public. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan 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: S19 -01 Script BOC S19 -01 Staff Summary BOC S19 -01 Neighboring Properties Map S19 -01 Zoning Map S19 -01 FLUM Map S19 -01 Applicant Materials S19 -01 Site Plan NAP Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with the conditions as recommended by the Planning Board, unless greater weight Board of Commissioners - July 1, 2019 ITEM: 12 of the competent and material evidence presented during the public hearing suggests that one or more of the required conclusions cannot be met. COMMISSIONERS' ACTIONS: Approved with the conditions as recommended by the Planning Board 5 -0. Board of Commissioners - July 1, 2019 ITEM: 12 SCRIPT for SPECIAL USE PERMIT Application (S19 -01) Request by Benjamin Rivenbark, on behalf of the property owner, Jack Carlisle, for a Special Use Permit for a private cemetery located at 8640 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 and wish to present competent and material testimony please step forward to be sworn in. Thank you." 2. This is a quasi - judicial 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 hearing 5. Board discussion 6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions. 7. Vote on the Special Use Permit application. Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) 13 Motion to deny the permit because the Board cannot find: Ma. That the use will not materially endanger the public health or safety if located where proposed for the following reason: b. That the use meets all required condition and specifications: c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: Board of Commissioners - July 1, 2019 ITEM: 12- 1 - 1 d. 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 Comprehensive Land Use Plan for New Hanover County: Example Motion for Approval: Motion to approve, 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 the Planning Board: Conditions: 1. Interments shall use modern techniques including sealed caskets, burial vaults, or grave liners to minimize potential environmental impacts. 2. No plots shall be available for sale to the general public. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the finding(s) that the application does not meet and include reasons to why it is not being met] STAFF SUMMARY OF S19 -01 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S19 -01 Request: Special Use Permit in order to develop a private cemetery Applicant: Property Owner(s): Benjamin Rivenbark Jack Carlisle Location: Acreage: 8640 River Road 15.44 PID(s): Comp Plan Place Type: R08400- 002 - 005 -001 Conservation Existing Land Use: Proposed Land Use: Residential /Vacant Cemetery Current Zoning: R -15, Residential SURROUNDING AREA LAND USE ZONING North Vacant R -15 East Single - Family Residential R -15 South Single - Family Residential R -15 West Vacant /Open Water R -15 S19 -01 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 12- 2 - 1 Page 1 of 7 ZONING HISTORY April 15, 1971 Initially zoned R -15 (Zone 4) COMMUNITY SERVICES Water /Sewer Water and Sewer is not proposed for this use Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Carolina Beach Elementary, Murray Middle, and Ashley High School Recreation Snows Cut Park, Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The parcel contains areas of maritime salt thicket and brackish marsh; however, the cemetery site itself is located on an upland pine forest area. Historic No known historic resources Archaeological No known archaeological resources S19 -01 Staff Summary BOC 7.1.201 Board of Commissioners - July 1, 2019 ITEM: 12- 2 - 2 Page 2of7 Proposed Site Plan • The application is proposing to develop a private cemetery to be located on a parcel with an existing single family dwelling. The proposed cemetery is intended only for members of the owner's family or close friends and will not offer burial plots for sale or any other services to the general public. The size of the cemetery area will be approximately 35' x 45' on an upland area of the property enclosed with a perimeter fence. The property owner maintains two single - family dwelling units on the parcel directly to the north of the subject parcel, and the parcel to the south is also developed with one single family dwelling. The parcels in the immediate vicinity contain large expanses of coastal wetlands that limit the potential for additional higher- intensity development. • The North Carolina Cemetery Commission has provided the applicant with documentation stating that the proposed cemetery will not be subject to the agency's regulations due to its size and scope. The applicant intends to employ funeral professionals for all interments and use modern techniques including sealed caskets, burial vaults, and grave liners to minimize potential environmental impacts. N Ini'16' N 7747a' L 4 (D �. L y LL Q V Applicant's Residences N0181A1 HIM WATER (flA0ff0 03/2019) 35 ESWffRVATM E105TING WL BR38'ffi' E FESaI1Rli 5kiRACR OB4EWAY "' —�_- 541'17 W EATING TOP OF .jf �s.� ! FMSTW TOP OF SLOPE i WX OF .J' SLOPE f EDGE OF 901 DRIVEWAY I I� RK DFINE AY \ \\ IS 1'55' f �'°� `. �,.v �' OOl91AL NETANDS LIC /[ i.6 / / /ff "'j'� {AlAplll 03/2019} EIOSTNG OVOKA0 J ,� &E[W s ^' TRANSPORTATION CARLIUE 15.881 AC (OB 5763/759) ZONIHG R -15 RO8400- 002 -005 -001 I y 1 It J 1 f ,rl PROPOSED MUM SITE IN£ M BE OEIEM"n) DOX WG SOIL YA AN 111N1PWIAY WsaLRUE X1ITACN a -- 'r COASTAL WERAAWS LRC R ��„ a 5 (FLAOr>En 03J2a19) EnsTNAa J B1LKFEAO(5) Proposed Site Plan NLF PHIWPS (DU 4015/464) ZONING: R -15 R06400 -002- 001-000 N O m � Q Z EARG'S OA9N ROAD 1 i 1 CdNEfPaL NOIFS J. INS 9W RAN WAS PWEPAVO WTHOJT WWRT 5LWPEY SUFa T TC ANY FACTS AYR EASfkC BY A M AND AC AZ ME SE RA 1 REFUNDS AAO UPLANDS SNOW PV RA52W F I GYR.W71'FARLYL / Rf.4DIL1T -IXh1- 00.5 -1101 A .. SIZE AREA: JAA9* ALPES 110'37 201E NOTE• AS VEMNNEO BY G AFIAL COG41En N FLDW HAZARB M 'V (&IF • Access will be provided via an existing private driveway to River Road. The cemetery location is approximately 550' west of the intersection of the private driveway and River Road. • The proposed use is not expected to generate any additional trips in the area or have any impact to traffic on the nearby road network due to the cemetery being restricted to family members and close friends. S19 -01 Staff Summary BOC 7.1.2019 Page 3 of 7 Board of Commissioners - July 1, 2019 ITEM: 12- 2 - 3 ENVIRONMENTAL • The site lies within a VE Special Flood Hazard Area. There are no specific provisions in the Flood Damage Prevention Ordinance or National Flood Insurance Program regulations that address the development of cemeteries in Special Flood Hazard Areas. However, general requirements for development other than buildings and structures in the VE zone require an analysis from a registered design professional that finds that the development will not cause any harmful diversion of floodwaters or wave runup and reflection that would increase damage to adjacent structures. The applicant intends to use anchoring techniques to prevent potential flotation and lateral movement of the interments during potential inundation by floodwaters. • The upland area where the cemetery is proposed does not contain wetlands and no impact to wetland species is anticipated. Due to the proximity to marsh areas, the site is designated as a Coastal Area Management Act (CAMA) Area of Environmental Concern (AEC) and a CAMA minor permit will be required prior to any land disturbance on the site. • The site is located within an area designated as a Significant Natural Heritage Area known as the Doctor Point Hammocks. This area is characterized by an embayment which is nearly cut off from the Cape Fear River by a narrow sand levee, with expanses of coastal wetlands and several small upland areas referred to as hammocks. The hammocks have no specific protection status, and the proposed cemetery is not anticipated to have any environmental impacts to the Natural Heritage Area due to its limited size and scope. • The subject property lies within the Cape Fear River watershed. • The upland area of the site where the cemetery is proposed contains Dorovan soils, according to the Soil Survey for New Hanover County. S19 -01 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 12- 2 - 4 Page 4 of 7 2016 COMPREHENSIVE LAND USE PLAN I The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Conservation Map Place Type Covers areas of natural open space and is intended to protect the natural environment, water quality, and wildlife habitats that serve the public Place Type through environmental education, low- impact recreation, and in their natural Description beauty. In these areas, increased density would be discouraged, and low impact development methods would be required. Such requirements place limits on development to ensure the protection of resources. A major goal of the Conservation place type is to protect natural resources Analysis by limiting development. While the Comprehensive Plan does not specifically address this type of use, the proposed private cemetery would limit future higher intensity development on the site and could assist in protecting the natural environment. Consistency The proposed private cemetery is generally CONSISTENT with the 2016 Recommendation Comprehensive Plan because it will limit future development and associated impacts on natural resources in a Conservation area. S19 -01 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 12- 2 - 5 Page 5 of 7 PLANNING BOARD ACTION The Planning Board considered this application at their June 6, 2019 meeting, and recommended approval (7 -0) of the application with the following conditions: 1 . Interments shall use modern techniques including sealed caskets, burial vaults, or grave liners to minimize potential environmental impacts. 2. No plots shall be available for sale to the general public. 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 quasi - judicial hearing at the Board meeting. Conclusion 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 subject property is located in the New Hanover County South Fire Service District. B. Access to the site will be provided by an existing private driveway from River Road, which is an NCDOT maintained roadway. C. The subject site does not host any known cultural, archaeological, or environmental resources. D. The proposed use will not generate any additional vehicular trips and is not anticipated to have any impact on the surrounding transportation network. E. The applicant intends to employ funeral professionals for all interments and use modern techniques including sealed caskets, burial vaults, and grave liners to minimize potential environmental impacts. F. The applicant intends to use anchoring techniques to prevent potential flotation and lateral movement of the interments during potential inundation by floodwaters. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Cemeteries are allowed by Special Use Permit in the R -15, Residential zoning district. B. The NC Cemetery Commission has provided documentation that states that the proposal does not fall under their jurisdiction to regulate to the size and scope of the project. C. An analysis from a registered design professional stating that the development will not cause any harmful diversion of floodwaters or wave runup and reflection that would increase damage to adjacent structures will be required prior to development per the Flood Damage Prevention Ordinance. D. A CAMA Minor Permit will be required prior to any land disturbance on the site. S19 -01 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 12- 2 - 6 Page 6 of 7 Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The location of the proposed cemetery is in a residential area currently developed with very low density on the west side of River Road. B. The nearest residential structures range from approximately 550' - 950' to west and south of the proposed cemetery. To the east, across River Road, the proposed cemetery is over 1,000' to the nearest residential structures. C. Predominant land uses in the immediate vicinity of the subject site are residential, vacant or conservation space. D. No evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. Conclusion 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 Comprehensive Land Use Plan for New Hanover County. A. The site currently is developed with one single - family dwelling unit, and is generally located adjacent to a low density residential area with large areas of conservation resources. The nearest residential structures range from approximately 550' - 950' to west and south of the proposed cemetery. To the east, across River Road, the proposed cemetery is over 1,000' from the nearest residential structures. B. The site is classified as Conservation by the 2016 Comprehensive Land Use Plan. The Conservation placetype is intended to protect the natural environment, water quality, and wildlife habitats that serve the public through environmental education, low- impact recreation, and in their natural beauty. A major goal of the Conservation place type is to protect natural resources by limiting development. While the Comprehensive Plan does not specifically address this type of use, the proposed private cemetery would limit future higher intensity development on the site and could assist in protecting the natural environment. The proposed private cemetery is generally CONSISTENT with the 2016 Comprehensive Plan because it will limit future development and associated impacts on natural resources in a Conservation area. S19 -01 Staff Summary BOC 7.1.2019 Board of Commissioners - July 1, 2019 ITEM: 12- 2 - 7 Page 7 of 7 Case: Site Address: 8600 block River Rd 8430 8444 it S19 -01 Existing Zoning /Use: Proposed Use: ce w R -15 /Single - Family Cemetery ? 8660 • C3 W 7 w 1,000 � FeArd of Commissioners - J Parcels ITEM: 12- 3 - rw il 9 6``) 551 JI �1�0 8 • 8312 C% 316 8320 • VYP, 8404 rPALMeR' 8408 8412 • 1COLONY s416 GREEN_CT� • UB -CT r3Q MER -VVN a v, SIP R -15 1 S19 -01 SPENCER..CT R -10 11 Case: Site Address: Existing Zoning /Use: Proposed Use: CARE S19 -01 8600 block R -15 /Single - Family Cemetery River Rd R -15 S19 -01 CLUB -CT u -� LINK5IDEW 2 PALMER-,,,,, AY �" a'r SPE 4CER.CT u�r 'WAY PAL. � W © 0 1COLONY GREEN"C A a SAO Water Sewer Zoning CUD B -1 %/i CZD B -1 EDZD R -20 A -I iii CUD B -2 CZD B -2 FF R -20S AR CUD 1 -1 j CZD 0&1 1 -1 RA B -1 CUD 0&1 j CZD R -10 1 -2 RFMU ■ B -2 > CUD R -10 CZD R -15 O &I SC Z CITY CUD R -15 CZD R -20 PD W B 1 000 CUD A -I CUD R -20 CZD R -20S R -10 F Y of Commissioners -July 1, 2019 j CZD Al j CZD R -7 R -15 ITEM: 12- 4 -1 Case: Site Address: S19 -01 8600 block River Rd CONS6- Existing Zoning /Use: R -15 /Single - Family S19 -01 1,000 FeArd of Commissioners - July 1, 2019 ITEM: 12- 5 - 1 'PA x� v Proposed Use: Cemetery u, Q W Ail O W COLONY GREEN C7� N ��xw M �� i �� 11.E .. ER — `GENERAL .RESIDENTIAL 17� o v -i . COMMUNITY MIXED USE [H� CAp�', r -m-� 7 iSPENC r�a � Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION NEW HAaNOVER COUNTY DEPARTMENT OF PLANNING & LAND USE ` 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 !' r FAX (910) 798 -7053 ,! planni ngdevelopment.r hcgov.com SPECIAL USE PERMIT App '�crntfon REVIEW PROCESS Step 1: pre- Applica0on Conference (Optiorai) In order to assist applicants through the process of obtaining a Special Use Permit, 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 Ordinance specific to Special Use Permits prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to Special Use Permits: • Section 70: General Information, Applications, Process, Public Notice, Public Hearings, Review and Decision, and Conclusions Required for Approval • Section 71: Validity, Extensions, and Changes for Approved Special Use Permits; Resubmittals of Denied Applications • Section 72: Additional Restrictions Imposed on Certain Special Uses • Section 1 1 1: Petition • Section 1 1 2: Approval Process Stew 2: 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. Staff will confirm if an application is complete within five business days of submittal. A schedule of application deadlines is available at planning development.nhcgov.com or in the Department of Planning and Land Use office. Szgp 3: Sta s` Review and Recommendation Upon receiving a completed application, staff may distribute it to certain departments and agencies for review. Staff will review the application and prepare a staff report. Step 4: 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 notice to nearby residents, posting a sign on the subject property, and advertising the hearing in a local newspaper. Public hearings for Special Use Permit applications are conducted in a quasi - judicial manner and include additional standards for the testimony and evidence presented during the hearing. The property owner, or their attorney, must be present for the meeting. 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, and may propose additional conditions and requirements beyond those listed in the petition/application. Applications for single - family dwellings, including mobile homes, on individual lots are not considered by the Planning Board. Page 1 of 8 Board of Commissioners - JulySopM Use Permit Application — Updated 7/2017 ITEM: 12- 6 - 1 Stepp 5: Board of Cornrrpssioners Review and . -tion 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. Public hearings for Special Use Permit applications are conducted in a quasi - judicial manner and include additional standards for the testimony and evidence presented during the hearing. The property owner, or their attorney, must be present for the meeting. A Special Use Permit shall be approved if the applicant provides substantial evidence that the proposed use will meet the following findings: 1. The use will not materially endanger the public health or safety if located where proposed and approved; 2. The use meets all required conditions and specifications of the Zoning Ordinance; 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 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 County's adopted plans for growth and development. 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. Page 2 of 8 Board of Commissioners - JulySlppgi@4 §Jse Permit Application – Updated 7/2017 ITEM: 12- 6 - 2 NEW HANOVER COUNTY `4 DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 FAX(970)798 -7053 p I a n ningdeveIopment.nhcgov.com SPECIAL USE PERMIT Application AppNcant /Agent Information Fmperty Owner(s) If different than ApplicantlAgent =y Natvee Owne- Name Benjamin Rivenbark Jack Carlisle Company Owner Name 2 E85 Transport, LLC Address Address 8620 River Rd 8630 River Rd City, State, Yip City, State, Zip Wilmington, NC 28412 Wilmington, NC 28412 Phone Phone 910- 540 -0244 919- 818 -7078 Email E-mail e85ben@gmail.com e85Jack@gmaii.com gmail.com Sublet Property Information Acidness /Locations 8630 River Rd., Wilmington, NC 28412 Parcel Identification Number(s) R08400- 002 - 005 -001 Total Parcel(s) acreage 15.88 ± AC. Existing toning nand Use(s) R -15 Residential Future Land Use Classification Conservation Application Tracking Information (Staff Only) Case Number Date Tim received: Deceived by: S lei - o I S. Z0 1A Page 3 of 8 Board of Commissioners - 14R?Qgllgse Permit Application - Updated 7/2017 ITEM: 12- 6 - 3 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). The owner, Jack Carlisle, would like to have a private cemetery for his family's loved ones. This parcel of land holds special value to Mr. Carlisle as it was to be the home site of his son Greg who passed away several years ago. Mr. and Mrs. Carlisle have built their home on the property and their youngest daughter Michelle has also built her family home on the property. Kathy Carlisle Smith, Mr. and Mrs. Carlisle's eldest daughter, passed away in 2002. Their middle daughter, Lisa Carlisle Beaman, is in the planning stages of building her home on River Rd and Greg's wife Mary Stewart is currently constructing a home on River Rd. as well. Family friends live on neighboring properties. The proposed cemetery will not contain burial plots for sale. The size is anticipated to be roughly 35'x45' in the marked area on the map included with the Special Use Permit application. A small fence will be erected around the cemetery. The Special Use Permit, if granted, will allow for a historical connection for Mr. and Mrs. Carlisle's family and heirs, adding value far beyond that of the land and the buildings constructed thereon. 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: The addition of a private cemetery is not expected to generate any additional trips in the area. Trip Generation Variable (gross floor area, dwelling units, etc.): AM Peak Hour Trips: 0 PM Peak Hour Trips: 0 Page 4 of 8 Board of Commissioners - 1411 0®h Use Permit Application — Updated 7/2017 ITEM: 12- 6 - 4 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: • 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 • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection • Soil erosion and sedimentation • Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater • Anticipated air discharges, including possible adverse effects on air quality The cemetery will be located several hundred feet off of River Rd, a minor arterial. The impact to local traffic is expected to be negligible. It is to be located such that there are two routes around the cemetery for vehicles and emergency services. A third route for emergency services to access the homes on the property is available using the neighbors driveway and a connecting road between the properties. Homes have already been built on the property and sewer, water, electrical, as well as garbage collection will not be impacted. Proper and modern burial methods will be used for interment including sealed caskets, burial vaults and grave liners. Burials will be handled by funeral professionals to minimize environmental impacts. 2. The use meets all required conditions and specifications of the Zoning Ordinance. The proposed cemetery will be behind the setbacks required as shown on the map submitted with the Special Use Permit. The North Carolina Cemetery Commission regulatory rules and conditions are not applicable because private cemeteries do not fall within the definition provided in G.S. §65 -48 nor the scope provided in G.S. §65 -47(a) of the North Carolina Cemetery Act. A letter of declaratory ruling attesting to such has been provided by the State of North Carolina Cemetery Commission and is included with this application. Page 5 of 8 Board of Commissioners - 14RFQgli Yse Permit Application — Updated 7/2017 ITEM: 12- 6 - 5 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT I (continued) 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: • 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) • 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 Because of the small size of this private cemetery, the distance from the road and adjoining properties, and the amount of natural foliage, it is expected that only those on the property will be able to see the cemetery. The vast areas of coastal marsh surrounding the proposed site enhance the private feeling of the area. Values of adjoining properties will not be affected given the size of the lots in the area. 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: • 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) • 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 The future land use of the surrounding area is for conservation. Having a cemetery on the lot will discourage over - development of the land in the future. No conflicts with the NHC Comprehensive Land Use Plan are apparent. Page 6 of 8 Board of Commissioners - Jul�11Fe Jgll Yse Permit Application — Updated 7/2017 ITEM: 12- 6 - 6 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 ". Staff will confirm if an application is complete within five business days of submittal. Applications must be complete in order to process for further review. Page 7 of 8 Board of Commissioners - JulySTF2M§lse Permit Application — Updated 7/2017 ITEM: 12- 6 - 7 Applicant Staff Required Information Initial or Initial or 1 Complete Special Use Permit application. 2 Application fee — ($500; $250 if application pertains to a residential use (i.e. mobile home, duplex, family child care home). S 3 Traffic Impact Analysis (for uses that generate more than 100 peak hour trips). h- INl 4 Site Plan including the following elements: 0 Tract boundaries and total area, location of adjoining parcels and roads. e Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non - residential structures, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. ® 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. 14,, +(Grh o. '" ar? A- ® The approximate location of US Army Corps of Engineers Clean Water Act Section 404 and Rivers and Harbors Act Section 10 Wetlands, and wetlands under jurisdiction of the NC Department of Environmental Quality. Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by Federal or State law or Local Ordinance. 0 Any other information that will facilitate review of the proposed change (Ref. Article VII, �S as applicable). 5 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard n �S copies ma be required by staff depending on the size of the document site plan. 6 1 PDF digital copy of ALL documents AND plans. Page 7 of 8 Board of Commissioners - JulySTF2M§lse Permit Application — Updated 7/2017 ITEM: 12- 6 - 7 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Special Use Permit for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. Authority for Appointment of Agent Form If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or ising out of this application. Jack Carlisle Sign re f ro er y Owner(s) Print Name(s) Benjamin Rivenbark Signatur ' o¢ plicant /Agee^. "r faint Name NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each owner of record. *The ia€ d owner or their attorney roust be present for the sa.. licafivn of the iaubiic rheA,ira;js If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. For Only Application Received: Completeness Determination Determination Performed Planning Board Meeting: Required By (date): on (date): Page 8 of 8 Board of Commissioners - Jul rvellyse Permit Application — Updated 7/2017 ITEM: 12- 6 - 8 Roy Cooper, Governor March 20, 2019 Benjamin Rivenbark 8630 River Rd. Wilmington, NC 28412 Dear Mr. Rivenbark: i State of North Carolina Cemetery Commission William Gaffney President, N.C. Cemetery Commission Re: Jack Carlisle and Family Cemetery This letter serves to confirm that the property you wish to designate for use for the Jack Carlisle and Family Cemetery, located at 8630 River Road, Wilmington, NC 28412 is not regulated by the North Carolina Cemetery Commission because it does not fall within the definition provided in G.S. §65 -48, nor the scope provided in G.S. §65 -47(a) of the North Carolina Cemetery Act, and therefore is not bound by the statute. This confirmation is based upon our current understanding of your plans for the property. This confirmation is based upon the understanding that the property is to be used only as a family cemetery, not operated for profit, and with no grave spaces, cemetery services or related merchandise being marketed to the public. If this office can be of any further assistance, please feel free to contact the undersigned. Sincerely, Jen fin er M. Street %administrative Assistant NC Cemetery Commission 1001 Navaho Drive, Suite 207, Raleigh, NC 27609 Telephone 919 - 981 -2536 Fax 919 -981 -2538 Board of Commissioners - July 1, 2019 ITEM: 12- 6 - 9 m 3 v co 0 0 ( 90 3 CD N cn N to (D D) CL i 0 ITEM: 12- 6 - 10 n (D 3 fD (D D m v� 3 m to m -o to to ROUEN CT GREG'S CABIN RE i i i i i N 12'21'16" W N 3'38'30" W 62.27' w > H Q UJ LL LLl CL Q U THE CAP- CLUB CT WpV i VICINITY MAP N.T.S. 0 N 68'18'28" E 19.67' N 5'41'17" W 62.83' J � ' W z 3QIl HDIH 7 -13NNVHD 3lSVJIAVN- - - - - - VF � z KG PLAZA LLC WI (DB 6058/1836) v, 3 ZONING: R -15 W R08400- 002 - 005 -000 U o � `r U W W CARLISLE W 2 15.88± AC. (DB 5763/759) ZONING: R -15 R08400- 002 - 005 -001 0 NORMAL HIGH WATER / \ (FLAGGED 03/2019) 1 ` ` I GREG'S CABIN ROAD 1, 1 Ji 35' CONSERVATION EXISTING SOIL \ � ' / PROPOSED CEMETERY SITE RESOURCE SETBACK DRIVEWAY \ �' (SIZE TO BE DETERMINED) EXISTING SOIL 35' CONSERVATION DRIVEWAY RESOURCE SETBACK I i ------ - - - - -- COASTAL WETLANDS LINE #1 (FLAGGED 03/2019) ,6= EXISTING TOP OF EXISTING TOP OF SLOPE / EDGE OF , ' SLOPE / EDGE OF SOIL DRIVEWAY / SOIL DRIVEWAY / — — — — — - — EXISTING HOUSE I V'' N W .P N 2'44'55" E 65.61' 1 / / w --------------------------- - - - -- EXISTING BULKHEAD(S) COASTAL WETLANDS LINE #2 N F '4a (FLAGGED 03/2019) 11663p ? U, EXISTING OVERHEAD �9ti2„ W L ° ELECTRIC S 69 o .P N 3'27'23" W / /- 63.86' PRELIMINARY i • FOR ' ORDING OR CONVEYANCE i BASE LINE SURVEY, PLLC S 69gQA Wf Comm �ssion g�c, t P-1091 gto 68.42' T� � -��y1 s �vilmington, rvc 2s4os M:(III8sY 992 -1503 www.baselinesurveync.com JACK CARLISLE PROPERTY PHILLIPS (DB 4015/464) ZONING: R -15 R08400- 002 - 004 -000 0 z N 100 0 100 200 SCALE 1" = 100' (U.S. SURVEY FEET) Federal Point Township New Hanover County North Carolina PROPOSED CEMETARY PLOT GENERAL NOTES 0 � Q U CA N ILJD m >a Ln �~ �c 0 0 CL ,� I 1-0 i �� i 1. THIS SITE PLAN WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. THIS SURVEY SUBJECT TO ANY FACTS AND EASEMENTS WHICH MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 2. WETLANDS AND UPLANDS SHOWN PER FLAGGING PERFORMED BY SEGi. 3. COUNTY PARCEL # R08400- 002 - 005 -001 4. TOTAL SITE AREA: 15_88± ACRES FLOOD ZONE NOTE AS DETERMINED BY GRAPHIC PLOTTING, THIS PROPERTY IS LOCATED IN FLOOD HAZARD ZONE "VE" (BFE = 11.0') & "AE" (BFE = 11.0'), PER FEMA FLOOD INSURANCE RATE MAPS (FIRM) #3720312100L. EFFECTIVE DATE 0812812018. PREPARED FOR: Designer Scale n/a AS NOTED y>h..t N0. town Y Date JAR 04 03 2019 Checked B Job No. BLS 15- 1019.03 May 29, 2019 Ken Vafier Planning Manager Planning & Land Use New Hanover County 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 RE: 8630 River Road Special Use Permit for Cemetery Dear Mr. Vafier: This letter is in reference to a proposed cemetery that would be located at 8630 River Road. The proposed location would not cause a harmful diversion of flood waters or wave run up or wave reflection along the Cape Fear River. There are no adjacent buildings in near proximity to the proposed cemetery location. The proposed cemetery would be at existing grade and the fence proposed would be a standard picket fence or open iron type that would allow any flood waters to rise and recede without hindering its flow movement. If you need any other additional information, please let me know. Sincerely, Mark N. Hargrove, PE Port City Consulting Engineers, PLLC PORT C I T Y C O N S U L T I N G E N G I N E E R S , P L L C 6 2 1 6 5 T d N E B R I O G E ROAD, W I h M I N G T❑ N, NC 2 B 4 U 9 P H : t 9 1 01 S 9 9 ° 1 7 4 4 Board of Commissioners - July 1, 2019 ITEM: 12- 8 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 1, 2019 REGULAR DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Senior Long Range Planner CONTACT(S): Rebekah Roth; Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Text Amendment Request (TA19 -01) - Request by New Hanover County to Amend Articles V and VI of the Zoning Ordinance to Add Five New Residential Districts, Two New Commercial Districts, One New Mixed Use District, and to Amend the Existing Planned Development District BRIEF SUMMARY: Staff has prepared a code amendment to add eight new zoning districts to the county's Zoning Ordinance and to revise the existing Planned Development (PD) district. An overview of this item was presented to the Commissioners at their June 17, 2019 meeting. This is the first code amendment prepared as part of the "U DO Project" development code update and will provide the tools needed to allow the types of development envisioned in the 2016 Comprehensive Plan and assist with achieving the county's goals of increasing the supply of workforce housing. The proposed code amendment includes five residential districts, two commercial districts, and a mixed use district adapted from zoning designations already successfully used in the City of Wilmington. This will increase the number of base zoning districts available in the county's jurisdiction from 18 to 25 (to compare, Wilmington has 31 base zoning districts). The new residential districts will allow the full range of housing types and densities outlined on the 2016 Comprehensive Plan's Future Land Use Map and will support the county's goals of increasing the supply of workforce housing. The new commercial districts will provide zoning designations that are designed to be located in areas accessible to nearby residents, and the new and revised mixed use districts will provide options for planned developments that include the mixture of uses and development form encouraged in the Community Mixed Use and Urban Mixed Use places described in the comprehensive plan. If approved, the proposed amendment would add these districts to the list of options available for property owners, but it will not rezone any properties or modify the Official Zoning Map. If a property owner wants to use one of these districts, a rezoning application will have to be filed, and additional public hearings will be required. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs Board of Commissioners - July 1, 2019 ITEM: 13 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the proposed amendment and suggests the following motion: I move to APPROVE the proposed amendment to New Hanover County's Zoning Ordinance. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it will provide the zoning tools needed to incorporate the development patterns envisioned in the plan. I also find APPROVAL of the proposed amendment is reasonable and in the public interest because it will provide additional options for residential, commercial, and mixed use development in the county's jurisdiction adapted from zoning districts already successfully used in the City of Wilmington. ATTACHMENTS: TA 19 -01 Script TA 19 -01 Staff Report TA19 -01 Text Amendment Profile Sheet Package COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - July 1, 2019 ITEM: 13 SCRIPT for Zoning Ordinance Text Amendment (TA19 -01) Request by New Hanover County to amend the Zoning Ordinance to add five new residential districts, two new commercial districts, one new mixed use district and to amend the existing Planned Development district. 1. This is a public hearing. We will hear a presentation from staff. Then any supporters and any opponents will each be allowed 15 minutes for their presentations and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff /Applicant presentation b. Opponents' presentation (up to 15 minutes) c. Applicant's rebuttal (up to 5 minutes) d. Opponents' rebuttal (up to 5 minutes) 3. Close the public hearing A. Board discussion 5. Vote on amendment. The motion should include a statement saying how the amendment is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Options for Motions: • Motion to approve the text amendment as presented in the staff summary or a modified version of the text amendments; • Motion to "table" the item in order to receive more information; or • Motion to deny the amendment proposal based on specific reasons, such as the proposal is not consistent with the land use plan and /or the proposal is not reasonable and /or the proposal is not in the public interest. Staff Suggested Motion: I move to APPROVE the proposed amendment to New Hanover County's Zoning Ordinance. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it will provide the zoning tools needed to incorporate the development patterns envisioned in the plan. I also find APPROVAL of the proposed amendment is reasonable and in the public interest because it will provide additional options for residential, commercial, and mixed use development in the county's jurisdiction adapted from zoning districts already successfully used in the City of Wilmington. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed amendment to New Hanover County's Zoning Ordinance. I find it to be [Consistent /Inconsistent] with the purposes and intent of the 2016 Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - July 1, 2019 ITEM: 13- 1 - 1 STAFF REPORT FOR TAI 9 -01 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TAI 9-01 Request: To amend the Zoning Ordinance to add five new residential zoning districts, two new commercial districts, one new mixed use district and to amend the existing Planned Development district Applicant: Subject Ordinance: New Hanover County Zoning Ordinance Subject Article(s) and Section(s): • Article V: District Regulations • Section 50: Table of Permitted Uses • Section 51: Residential Districts • Section 52: Commercial Districts • Section 54: Mixed Use Districts • Article VI: Supplementary District Regulations • Section 60: Development Plans • Section 63: Additional Restrictions Imposed on Uses Permitted by Right Purpose & Intent • To provide residential zoning options that • Allow the housing types and densities outlined in 2016 Comprehensive Plan • Increase the supply of workforce housing • Provide alternatives to the High Density Development special use permit • To provide commercial zoning options that • Are designed to be located in areas more accessible for nearby residents • Provide options for certainty without requiring conditions or negotiated rezonings • To provide mixed use zoning options that o Allow and encourage projects that provide an integrated mix of uses TA19 -01 Staff Report Board of Commissioners - July 1, 2019 ITEM: 13- 2 - 1 Page 1 of 8 BACKGROUND Staff has prepared a code amendment to add eight new zoning districts to the county's Zoning Ordinance and to revise the existing Planned Development (PD) district. This is the first code amendment prepared as part of the "UDO Project" development code update and will provide the tools needed to allow the types of development envisioned in the 2016 Comprehensive Plan. The addition of these eight districts is intended to allow the county's development regulations to be tailored more precisely to the needs of particular types of property, increase the diversity of development options available within the county's jurisdiction, and reduce uncertainty regarding potential impacts from general district rezonings (without conditions). If approved, the proposed text amendment will not rezone any properties or modify the Official Zoning Map. If a property owner wants to use one of these districts, a rezoning application will have to be filed, and additional public hearings will be required. Proposed New Districts The proposed code amendment includes five residential districts, two commercial districts, and a mixed use district adapted from zoning designations already successfully used in the City of Wilmington. This will increase the number of base zoning districts available in the county's jurisdiction from 18 to 25 (to compare, Wilmington currently has 31 base zoning districts). The permissions and standards for the proposed districts are generally based on the City of Wilmington's current requirements. The lists of permitted and special uses have been converted into the use terms the county uses, as the names of uses are a little different in the two codes (like Movie theaters vs. Indoor Theaters). The same supplemental standards that apply to a use in the city also apply in the proposed districts, unless they are covered by existing state statutes (like for adult day care) or are not consistent with county practices (requiring lot size minimums for particular uses like skating rinks). Dimensional requirements have also been adjusted to be compatible with the county's current practices and development pattern. For instance, the county's performance subdivision option, which is not available in the city, will be allowed in the residential districts. In addition, while the city's height standards allow up to 96 feet in some districts, structures of those heights would not be aligned with the current 35 to 40 -foot heights allowed in the county's districts. As a result, height maximums in the proposed districts have been adjusted to a 45' limit, consistent with the recommendations of the comprehensive plan. Staff will be working with our consulting firm during the next phase of this project to refine height and dimensional standards across the county's jurisdiction to allow more flexibility and consistency with the city. More specific information regarding these adjustments are outlined on the attached district profile sheets. TA19 -01 Staff Report Board of Commissioners - July 1, 2019 ITEM: 13- 2 - 2 Page 2 of 8 Residential Districts The proposed code amendment would add five new residential districts to New Hanover County's residential district line -up. The proposed districts include: • R -5 Moderate -High Residential District; • RMF -L Residential Multi - Family Low Density District; • RMF -M Residential Multi - Family Moderate Density District; • RMF -MH Residential Multi - Family Moderate -High Density District; and • RMF -H Residential Multi - Family High Density District The intent of the new districts is to allow for the full range of residential densities and housing types outlined in the 2016 Comprehensive Plan. The Zoning Ordinance's existing residential district line- up currently only allows very low and low density residential development by- right, with a maximum density of 6 dwelling units per acre. Moderate density projects are allowed only with a High Density Development special use permit, which requires a quasi - judicial public hearing. With the addition of the 5 proposed residential districts, the full range of densities outlined in the Comprehensive Plan would be possible by- right, as depicted in Figure 1. Residential Zoning Districts Current District -By Right Current District - Special Use Permit Proposed District -By Right AR (1) R -20 (1.9) RA (1) R -205 (1.9) RMF -L (10) R-10 (3.3) R-7 (6) R -15 (10.2) RMF -M (17) RMF -MH (25) R 15 (2.5) R -20 (4.25) R -5 (8) 0 &1 (10.2) R -10 (17) RMF -H (36) / PD (4.25) rJ LOW MODERATE 0 -3 units /acre 3 -6 units /acre 7 -10 sf units /acre 16+ units /acre 12 -15 mf units /acre Rural Residential Employment Center Community Mixed Use General Residential Employment Center (multi- family only) Urban Mixed Use Comprehensive Plan Place Types Figure 1: Permitted Residential Densities by District These new residential districts can also assist with achieving the county's goals of increasing the supply of workforce /affordable housing. Greater by -right density can help to reduce the cost of developing each housing unit and allow for housing types, such as townhomes and condominiums, that can provide more affordable living opportunities for area residents than large -lot single family TA19 -01 Staff Report Board of Commissioners - July 1, 2019 ITEM: 13- 2 - 3 Page 3of8 homes. In addition, accessory dwelling units are permitted in the five new proposed county residential districts, just as they are in the city's parallel districts. Commercial Districts Two new commercial districts adapted from the City of Wilmington's zoning line -up are also included in the proposed amendment. The proposed districts include: • CB Community Business District • CS Commercial Services District The intent of these districts is to provide alternatives to the existing commercial designations, particularly B -2, the most common commercial district in the county's jurisdiction. One is designed to be appropriate closer to residential neighborhoods, and the other provides an alternative zoning designation for the B -2 uses that can be less desirable on high - visibility corridors. In general, commercial district standards are intended to balance flexibility in permitted uses and design with features that will reduce impacts on nearby properties and neighborhoods, especially when the districts are located in close proximity to residential areas. Historically, the county has provided flexibility by allowing a large number and wide variety of uses in the B -2 district. While B -2 is called "highway" business, with 90 uses permitted by -right and 42 permitted with special use permit, it functions as more of a catch -all district. Potential uses range from neighborhood -scale retail and offices to heavy commercial and light industrial uses that may not be the most appropriate in more densely populated areas. This type of zoning tool worked for many years because the B -2 designation was applied primarily to properties that were already used for commercial purposes, already a part of the fabric of the community, and often located a distance away from residential neighborhoods. Over time, however, residential neighborhoods grew, and in 1988, the county added large setback requirements between non - residential uses and residential properties. These requirements reduced the likelihood that small lots potentially appropriate for smaller structures and businesses could be located near residential neighborhoods but failed to reassure residents completely. In addition, these requirements increased the cost to develop, as more land was required, which often meant less expensive buildings were constructed. Businesses that could have provided services for nearby communities were also limited in the areas where they would be most accessible to the residents they served. Currently, the B -2 district allows such a wide variety of uses that many property owners seeking a rezoning choose to go through the longer, riskier conditional zoning process to provide more certainty regarding potential uses and their impacts. While this process reduces the property owner's initial risk, it also limits future ability in responding to changing market needs, as the most common conditions are limitations in allowed uses. These conditional projects, though, must be developed to the same dimensional and buffering requirements as other B -2 properties and are generally not visibly different in quality or type than other projects developed based on the original 1 970s zoning designations. As a result, the public value of the resulting development may not offset that additional private costs and loss of flexibility. One tactic to reduce resident misgivings and board uncertainties with very general zoning districts like B -2 would be to remove the uses most likely to cause concern, such as contractor operations, outside storage, and light industry. Many of these uses already exist on the ground, however, and removing them from B -2 could create nonconformities. This would result in a loss of value for property owners as no other current commercial zoning district allows the range of uses currently TA19 -01 Staff Report Board of Commissioners - July 1, 2019 ITEM: 13- 2 - 4 Page 4 of 8 allowed on their properties and could inadvertently limit reinvestment. While changing the existing B -2 could have a large impact on individual property owners, it would be less likely to benefit the county as a whole, as less than 2% of the county's jurisdiction is currently zoned B -2. The creation of alternative commercial zoning districts avoids potential nonconformities while still meeting the same goal of balancing flexibility in use and design with reduced impacts on nearby properties and neighborhoods. Community Business (CB) District The CB district is proposed as an alternative to conditional B -2 zoning. It is intended to balance flexibility in uses with setbacks, structure size, and buffering requirements that maintain the quality of life for surrounding residents. Supplemental standards limit the size of retail operations to promote community -scale businesses (grocery stores as opposed to regional -scale operations like supercenters) and outside storage is not allowed. This district should be one residents and boards could feel comfortable being applied to properties along corridors and at intersections close to residential neighborhoods without a conditional rezoning process. Commercial Services (CS) District The CS district is intended to be an alternative zoning designation to allow the B -2 uses that can be less desirable for high visibility corridors like Market Street, S. College Road, and Carolina Beach Road, such as those that customarily have large amounts of outside storage or lower quality architectural finishes. CS will allow for uses like contractor yards, equipment storage, self - storage/mini- warehouses, and some light industry and requires larger setbacks when adjacent to residential uses than those required for the CB district. These types of uses play an important role in the local economy but often require more land and easier truck access, which may be less appropriate along major corridors where land is generally more expensive and a use's visual appearance is under closer scrutiny. Encouraging these uses through a specific zoning designation in areas on the outskirts of industrial areas or near similar uses can support the viability of businesses and increase the attractiveness of the primary gateways to tourist destinations. In addition, by providing an alternative to B -2, the full range of commercial uses will still be available, but it may be possible to begin to transition B -2 into a regional business district with the types of larger format retail and office uses that can provide more employment and shopping opportunities. To encourage this, uses not allowed in the city's district but permitted in B -2, such as boat dealers, recycling facilities, and some manufacturing uses, have been added to the proposed CS use list. Mixed Use District A mixed use district adapted from the city's UMX zoning designation is also proposed. During various meetings over the past few months, county staff has received feedback that the county's current mixed use districts may not support all the development patterns outlined in the comprehensive plan and new tools should be considered. While staff will be working with a consulting firm over the next year to develop possible neighborhood - scale, community - scale, and urban -scale mixed use districts, an adapted city UMX district was suggested as a potentially effective tool for the county's jurisdiction that did not have to wait on additional study. The proposed UMXZ balances a wide spectrum of permitted uses with very specific design standards intended to create a more urban form that could be appropriate in the Urban Mixed Use places and some Community Mixed Use places shown on the Future Land Use Map. TA19 -01 Staff Report Board of Commissioners - July 1, 2019 ITEM: 13- 2 - 5 Page 5 of 8 Proposed Changes to Existing Planned Development (PD) District Stakeholders have indicated that the county's Planned Development (PD) district could be a useful tool in creating some of the integrated mixed -use development patterns outlined in the Comprehensive Plan, and this district has been used successfully in the past for the North Chase and River Bluffs developments. However, staff analysis indicates that the district size requirements and fringe use restrictions limit its ability to be used in most of the county's jurisdiction. The PD district was created to allow for the development of integrated mixed -use projects under common ownership. In general, these types of districts are designed to balance enough flexibility to allow for innovative projects with enough oversight to ensure the projects are appropriate if developed as approved. Of the county's existing mixed use districts, PD allows the most flexibility in use and design. The current district size requirement of 100 acres was established during the early 1980s when these types of projects were generally developed on very large tracts of land. The limited amount of large vacant tracts remaining in the county and post- recession challenges in developing multi- phase projects over long periods of time have made significant use of this model less likely. Reducing the minimum district size for a PD could increase the likelihood that it will be used to create the types of mixed use developments envisioned by the Comprehensive Plan. Ten acres is generally large enough to accommodate a mix of uses and allow for fewer development phases and shorter development timeframe. In addition, the PD district standards also include fringe use restrictions that limit uses in a 200 ft. wide buffer area around the perimeter of the PD project when it's adjacent to residential uses and /or planned residential lots. In this area, only residential uses, open space, rights -of -way, stormwater utilities, and active recreation uses are allowed, and building heights are reduced and building setbacks increased. These fringe use restrictions were adopted as part of the same 1988 amendment that introduced very large setbacks between non - residential uses and residential properties. Those types of separations between uses has been shown to reduce development potential and the efficient use of land. In addition, these restrictions are greater than is required for B -2 and 1 -1 developments located next to residential properties. Because PD has a conceptual plan review process in place that provides opportunities for boards to consider the appropriateness of the proposed development, removing the fringe use area and instead requiring the same setbacks allowed in other districts for similar uses (CB for retail and office, 1 -1 for manufacturing) can increase the likelihood that this district is used. Provisions regarding density calculations and incentives will be evaluated in future phases of the development code update to make sure that the county's highest priorities are being incentivized and that those incentives work the way they are intended. TA19 -01 Staff Report Board of Commissioners - July 1, 2019 ITEM: 13- 2 - 6 Page 6 of 8 PROPOSED AMENDMENT The proposed amendment is attached. New text is shown in red and is underlined. T ex* +neat. Ines been Femeyed is shown with a strikethrough line. The proposed amendment includes changes to: • Article V: District Regulations • Section 50, Table of Permitted Uses (p. 1 -15) • Sections 51, 52, and 54 outlining the zoning district regulations (p. 16 -34) • Article VI: Supplementary District Regulations • Section 60 to include lighting standards (p. 35) • Section 63 to outline supplemental standards for uses permitted by right (p. 35 -39) STAFF ANALYSIS Currently, the county does not provide the diversity of zoning districts that will allow the types of development patterns outlined in the 2016 Comprehensive Plan. The proposed amendment includes adaptations of eight zoning districts already successfully used in the City of Wilmington and a revision to the current county PD district. It will allow for the full range of residential types and density outlined in the comprehensive plan, support the development of more affordable housing, offer new commercial development options that provide alternatives to B -2 zoning, and afford immediate opportunities for mixed use projects in the county's jurisdiction. These new zoning tools are the principal code update needed to allow for the implementation of the comprehensive plan's goals and will set up opportunities for development of more complete communities throughout the county's planning jurisdiction. PLANNING BOARD ACTION The Planning Board considered this request at their April 4, 2019 meeting. The Board recommended approval of the request as presented (7 -0), concluding that it is: 1 . Consistent with the purposes and intent of the 2016 Comprehensive Plan because it will provide for the zoning tools needed to incorporate the development patterns envisioned in the plan. The new residential districts will allow the full range of housing types and densities outlined on the Future Land Use Map and support an increase of the supply of workforce housing. The new commercial districts will provide zoning designations that are designed to be located where accessible to nearby residents, and the new and revised mixed use districts will provide options for planned developments that include the mixture of uses and development forms encouraged in the Community Mixed Use and Urban Mixed Use places. 2. Reasonable and in the public interest because the proposed amendment will provide additional options for residential, commercial, and mixed use development for areas of the county designated as community mixed use, urban mixed use, and general residential places and is adapted from zoning districts already successfully used in the City of Wilmington. TA19 -01 Staff Report Board of Commissioners - July 1, 2019 ITEM: 13- 2 - 7 Page 7 of 8 STAFF RECOMMENDATION Staff recommends approval of the proposed amendment and suggests the following motion: I move to APPROVE the proposed amendment to New Hanover County's Zoning Ordinance. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it will provide for the zoning tools needed to incorporate the development patterns envisioned in the plan. I also find APPROVAL of the proposed amendment is reasonable and in the public interest because it will provide additional options for residential, commercial, and mixed use development in the county's jurisdiction adapted from zoning districts already successfully used in the City of Wilmington. TA19 -01 Staff Report Board of Commissioners - July 1, 2019 ITEM: 13- 2 - 8 Page 8 of 8 Section 50: Table of Permitted Uses Permitted Uses PD R 20S R 20 R 15 R 10 R7 R5 R M F- L R M F- M R M F- M H R M F- H B 1 C B B 2 C S I 1 I 2 O & 1 A R A I S C R A R F M U U M X Z Supp Regs NAICS Agriculture, Forestry, Fishing Agricultural Uses P P P P P P P P P P P P P P P P P P P P P P Kennels P S S S P P P P P P S P S P 63.19 72 -26 Veterinaries P P P P P P S P P P Wholesale Nurseries & Greenhouses (12/13/82) P P P P P P P — P P — P P P P P P P P — Construction General Building Contractor P P P P P P S 63.14 General Contractors Other Than Building P P — P P P S — 63.14 Landscaping Contractors (12/13/82) P 1P_P P P P P P S 63.14 Special Trade Contractors P P P P P P S 63.14 Special Trade & General Contractors with no Outside Storage (12/5/88) P P P P P Transportation, Communication, Utilities Solar Power Farms P P S Air Transportation P P P P P Bus & Taxi Terminals (2/14/83) P P P P P P Commercial Marina with Floating Structures (4/2/84) S S S S S S S S S Commercial Marina (2/14/84) P S S S S S S S S S S S P P P P P S P 72 -31 Dry Stack Storage of Boats: (1/7/08) As a stand -alone warehouse P P P P P As accessory to a marina P S S S S P P P P P P Commercial Parking Lots P P P 63.17 TA19 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 1 Page 1 of 39 Permitted Uses PD R 20S R 20 R 15 R 10 R7 R5 R M F- L R M F- M R M F- M H R M F- H B 1 C B B 2 C S I 1 I 2 O & 1 A R A I S C R A R F M U U M X Z Supp Regs NAICS Electric / Gas & Sanitary Services P P P P P P P P P P P P P P P P P P P P P P P 63.14 Electric Substations P S S S S S S S S S P P P P P P P S P P S P 63.14 Junk Yards, Scrap Processing (See Section 63.3 -2) P 63.3 -2 423930 423140 423130 Mini - Warehouses P P P P P P P Motor Freight Transportation Warehousing P P — P P P Post Offices P P P P P P P P P Railroad Transportation P P P Recreational Vehicle and Boat Trailer S Storage Lots (2/3/14) P P P P P P P P 63.10 Telephone & Telegraph Facilities P P P P P P P P P P P P P P P P P P P P P P P TV & Radio Broadcasting P P P P P S P Warehousing P P P P P P P 63.20 Water Transportation Facilities P P P P P P Other Communication Facilities Including Towers (2/5/96) S S S S S S S S S S S S S S S P P S S S S S S — Antenna & Towers Less Than 70 Ft. In Height & Ancillary to the Principal Use (2/5/96) P P P P P P P P P P P P P P P P P P P P P P P 63.5 -1 Cellular 1 & PCS Antennas (See Section (F ) P P P P P P P P P P P P P — P P — P P P P P P P P — 63.5 -1 Amateur Radio Antennas (up to 90 ft.) (10/07) P P P P P P — P — P — P — P — P P — P P — P P P P P P P P — 63.5 -1 Wholesale Trade Livestock Sales P Wholesaling P P P P P TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 2 Page 2 of 39 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 3 Page 3 of 39 R R R M R R U M M F- M O F M R R R R F- F- M F- B C B C I I & A A S R M X Supp Permitted Uses PD 20S 20 15 10 R7 R5 L M H H 1 B 2 S 1 2 1 R I C A U Z Regs NAICS Wholesaling With No Outside Storage (11 /2/81) P P P — P P — Wholesaling Seafood With Water P P P P P Frontage Retail Trade Apparel & Accessory Store P P P P P P P P 63.13 Automobile Service Station P P P P P P P P P S 63.15 Automobile Dealers & Truck Sales P P P P P P Boat Dealers P P P P P P Building Material & Garden Supplies P P P P P P P 63.13 Convenience Food Store (7/5/85) P S S S P P P P P P S S P S P 63.13 Drug Store P P P P P P P 63.13 Neighborhood Drug Store P P P P 63.13 Eating and Drinking Places P P P P P P P P PI P Entertainment Establishments, Bars, Cabarets, Discos P S P P P P Entertainment Establishments, Bars, Cabarets, in a Shopping Center P P P P P P Farm Implement Sales P P P P P P P Food Stores P P P P P P P P 63.13 Fruit & Vegetable Stand Produced on Same Parcel as Offered for Sale P P P P P P P P P — Furniture, Home Furnishing & Equipment P P P — P I P — P P P P — 63.13 General Merchandise Stores P P P P P P P P 63.13 Handcrafting Small Articles P P P P P P P P TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 3 Page 3 of 39 Permitted Uses PD R 20S R 20 R 15 R 10 R7 R5 R M F- L R M F- M R M F- M H R M F- H B 1 C B B 2 C S I 1 I 2 O & 1 A R A I S C R A R F M U U M X Z Supp Regs NAICS Hardware P P P P P P P P 63.13 Landscaping Service P P P P P P P 63.14 Miscellaneous Retail P P P P P P P P 63.13 Mobile Home Dealers & Prefabricated Buildings (5/6/85) P P P P P Retail Nurseries (12/13/82) P P P P P P S P P Historic Restaurant P S P P P P Financing, Insurance, Real Estate Banks, Credit Agencies, Savings & Loans P P P — P P — P P P P Services Adult Entertainment Establishments S Automobile / Boat Repair Sales P P P P P P Automobile Rentals P P P P P S Barber / Beauty Shop (10/90, 7/10/06 P P P _ P P _ P P P P P _ Bed and Breakfast Inn (6/5/06) S S S S S P Business Services Including Printing P P P P P P P P P Camping, Travel Trailer Parks (2/14/83) P S S S S S P S Drive -In Theater P P P Dry Cleaning / Laundry Plant P P P P P P P Electrical Repair Shop P P P P P Equipment Rental & Leasing P P P P P P S 63.14 Funeral Home P P P P P P Golf Courses P P P P P P P P P P P P P P Hotels & Motels (12/13/82) P P P P P P TA 19-01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 4 Page 4 of 39 Permitted Uses PD R 20S R 20 R 15 R 10 R7 R5 R M F- L R M F- M R M F- M H R M F- H B 1 C B B 2 C S I 1 I 2 O & 1 A R A I S C R A R F M U U M X Z Supp Regs NAICS Indoor Recreation Establishments P S S S S S S S S S S P P P P P P S S P P S P Outdoor Recreation Establishments P S S S S S S S S S S P P P P P P S S S P S P Indoor Theater (2/14/83) P P P P P P P Outdoor Shooting Ranges (2/7/83) S S Parks & Recreation Area (4/2/07) P P P P P P P P P P P P P P P P P P P P P P P Personal Services P P P P P P P P Repair Shop P 63.14 Resort Hotel / Motel (1/4/83) P P P P P P Stables (3/2/81) P P P P P P P P P Septic Tank Vacuum Service P P P P P 562991 Watch, Clock, Jewelry Repair P P P P P P P P Health Adult Day Care P S S S S S S S S S S P P S P Child Care Center (10/7/13) P S S S S S S S S S S P P P S S P P S S P Community Center P S S S S S S S S S S P P P S P Family Child Care Home (10/7/13) P P P P P P P P P P P S S S P S P 72 -20 Group Home (12/14/15) P P P P P P P P P P P P P P 63.11 Hospitals P S S S S S —s—s— P P S P Laboratories, Testing P P P Nursing 0/ Center g 08 P S S S S S S S S S S S P P S P Residential Care (9/8/81) P P P P P S P P P P P P P P P 63.4 Educational Services Colleges, Universities, Professional Schools & Technical Institutions P S S S S S P P P S P Elementary & Secondary Schools P P P P P S S S S S S P P P Libraries P P P P P S P P P P P P P P P P P P P TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 5 Page 5 of 39 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 6 Page 6 of 39 R R R M R R U M M F- M O F M R R R R F- F- M F- B C B C I I & A A S R M X SUpp Permitted Uses PD 20S 20 15 10 R7 R5 L M H H 1 B 2 S 1 2 I R I C A U z Regs NAICS Museums (5/2/83) P P P P P P P P Membership Organizations Churches P P P P P S P P P P P P P P P P P P P P P P P 63.16 Labor Organizations P P P P P Lodges, Fraternal & Social Organizations (5/2/83) p S S S S S P P P P P S S P Fraternities/ Sororities, Residential P P P P Other Accessory Buildings or Uses, clearly incidental to the Permitted Use or P P P P P P P P P P P P P P P P P P P P P P Building (see Section 63.2) P Accessory Dwelling Unit P P P P P 63.2 Additional Height Allowance S Cemeteries S S S S S S S S S S S S S S Christmas Tree Sales (7/6/92) P P P P P P P P P P P 63.1 Circuses, Carnivals, Fairs & Side Shows of No More than 30 Days P P P P P P P P Duration Per Year Community Boating Facility (8/6/92) S S S S S S S S S S S S S S Private Residential Boating Facility (9/19/92) P P P P P P P — P — P — P — P — P P P — Demolition- Landscape Landfill P P P P P P P P P P P P P P 63.3 -3 562219 Duplexes P S P S P P P P P P P Dwelling Unit Contained within Principal Use(4 /85) P S S — S P — S S S P — 63.18 Electronic Gaming Operations (5/3/10) (see section 63.10) P S P S 63.10 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 6 Page 6 of 39 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 7 Page 7 of 39 R R R M R R U M M F- M O F M R R R R F- F- M F- B C B C I I & A A S R M X SUpp Permitted Uses PD 20S 20 15 10 R7 R5 L M H H 1 B 2 S 1 2 1 R I C A U Z Regs NAICS Evangelistic and Religious Assemblies not Conducted at a Church (7/6/92) P P P P P P P — P — P — P — P — P P — P P — P P P P P P P P — 63.1 Government Offices & Buildings P S S S S S P P P P P P P P P P P P P P P S P High Density Development P S S S S 72 -43 Home Occupation P P P P P P P P P P P P P P Mobile Home S P P P S S P S Mobile Home, Doublewide (6/7/82) P P P P P S S P P Mobile Home Park (Density shall not exceed 2.5 Units Beyond Employment Center, Urban Mixed P S S S Use, or Community Mixed Use Place S Types(2/16/87,10/11/95,9/6/16) Mobile Home Subdivision (6/1/92) S S S S S S Motion Pictures Producing & Distribution P P Offices for Private Business & Professional Activities P P P — P P — P P P P P Outdoor Advertising P P P Pumpkin Sales (7/6/92) P P P P P P P P P P 63.1 Principal Use Sign P P P P P P P P P Research Facilities P P P P P P P Residential Private Pier P P P P P P P P P P P P P Septage, Sludge Disposal (7/6/83, 8/1/83) S 72-33 221320 Senior Living: Active adult retirement community or Independent Living S S S P P P P P S (11/10/08) TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 7 Page 7 of 39 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 8 Page 8 of 39 R R R M R R U M M F- M O F M R R R R F- F- M F- B C B C I I & A A S R M X Supp Permitted Uses PD 20S 20 15 10 R7 R5 L M H H 1 B 2 S 1 2 1 R I C A U z Regs NAICS Senior Living: Assisted Living or Personal Care Facility (11/10/08) S S S S S — S — S — S — S S S P — Senior Living: Continuing Care Retirement Community or Life Care P S S S S S _ Community (11/10/08) Single Family Dwelling P P P P P P P P P P P S S P P P P P Single Family Dwelling- Attached (1/4/82) P P P P P P P P P P S S P P 63.4 -4 Special Fund Raising for Non - Profit Organizations (7/6/92) P P P P P P — P — P — P — P — P P — P P — P P P P P P P P — Temporary Sign P P P P P P P P P P P P P P P P P P P P P P P Recycling Facilities: (1/3/89) Small Collection P S S S S S S S S S S P P P P P P S S P P P 63.3 -4 562920 Large Collection P S S S S S P P P P S S P S 63.3 -4 562920 Processing S P P S 63.3 -4 562920 Large Collection with Processing S S S S S 63.3 -4 562920 Temporary Relocation Housing P P P P P P P P P P P P P P P P P P P P P P P P 63.12 Manufacturing Artisan Manufacturing P P P P P P P P P P 63.21 Animal Food Manufacturing P S S P P P 3111 Grain and Oilseed Milling P S S P P P 3112 Sugar and Confectionery Product Manufacturing P S P P P P 3113 Fruit and Vegetable Preserving and Specialty Food Manufacturing P S S P P P 3114 Dairy Product Manufacturing P S S P P P 3115 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 8 Page 8 of 39 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 9 Page 9 of 39 R R R M R R U M M F- M O F M R R R R F- F- M F- B C B C I I & A A S R M X Supp Permitted Uses PD 20S 20 15 10 R7 R5 L M H H 1 B 2 S 1 2 1 R I C A U Z Regs NAICS Seafood Product Preparation and Packaging P S S — P P P 3117 Bakeries and Tortilla Manufacturing P S S P P P 3118 Other Food Manufacturing P S S P P P 3119 Beverage Manufacturing P S S P P P 3121 Tobacco Manufacturing S P 3122 Fiber, Yarn, and Thread Mills S P S 3131 Fabric Mills S P S 3132 Textile and Fabric Finishing and Fabric Coating Mills S P S 3133 Textile Furnishings Mills S S P S 3141 Other Textile Product Mills S S P S 3149 Apparel Knitting Mills S S P S 3151 Cut and Sew Apparel Manufacturing P P P P 3152 Apparel Accessories and Other Apparel Manufacturing P P P P 3159 Leather and Hide Tanning and Finishing S P 3161 Footwear Manufacturing P P P P 3162 Other Leather and Allied Product Manufacturing P P P P 3169 Sawmills and Wood Preservation S S P 3211 Veneer, Plywood, and Engineered Wood Product Manufacturing S — S P P 3212 Other Wood Product Manufacturing S S P 3219 Converted Paper Product Manufacturing S P 3222 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 9 Page 9 of 39 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 10 Page 10 of 39 R R R M R R U M M F- M 0 F M R R R R F- F- M F- B C B C I I & A A S R M X Supp Permitted Uses PD 20S 20 15 10 R7 R5 L M H H 1 B 2 S 1 2 1 R I C A U Z Regs NAICS Printing and Related Support Activities P S S P P P 3231 Basic Chemical Manufacturing S P 3251 Resin, Synthetic Rubber, and Artificial Synthetic Fibers and S P 3252 Filaments Manufacturing Pharmaceutical and Medicine Manufacturing P P P 3254 Paint, Coating, and Adhesive Manufacturing S P 3255 Soap, Cleaning Compound, and Toilet Preparation Manufacturing S P 3256 Other Chemical Product and Preparation Manufacturing [Except: Explosives Manufacturing (NAICS 325920) and All Other S P 3259 Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998)] Plastics Product Manufacturing S P S 3261 Rubber Product Manufacturing S P 3262 Clay Product and Refractory Manufacturing S P 3271 Glass and Glass Product Manufacturing S P 3272 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 10 Page 10 of 39 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 11 Page 11 of 39 R R R M R R U M M F- M O F M R R R R F- F- M F- B C B C I I & A A S R M X SupP Permitted Uses PD 20S 20 15 10 R7 R5 L M H H 1 B 2 S 1 2 1 R I C A U Z Regs NAICS Cement and Concrete Product Manufacturing [Except: Cement Manufacturing S P 3273 (NAICS 32731)] Other Nonmetallic Mineral Product Manufacturing S P 3279 Iron and Steel Mills and Ferroalloy Manufacturing S P 3311 Steel Product Manufacturing from Purchased Steel S P 3312 Alumina and Aluminum Production and Processing [Except: Alumina Refining and Primary Aluminum Production S P 3313 (NAICS 331313) and Secondary Smelting and Alloying of Aluminum (NAICS 331314)] Nonferrous Metal (except Aluminum) Production & Processing S P 3314 Forging and Stamping S P 3321 Cutlery and Handtool Manufacturing P S S P P P 3322 Architectural and Structural Metals Manufacturing S P S 3323 Boiler, Tank, and Shipping Container Manufacturing S P S 3324 Hardware Manufacturing P S S P P P 3325 Spring and Wire Product Manufacturing P S S P P P 3325 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 11 Page 11 of 39 TA19 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 12 Page 12 of 39 R R R M R R U M M F- M O F M R R R R F- F- M F- B C B C I I & A A S R M X Supp Permitted Uses PD 20S 20 15 10 R7 R5 L M H H 1 B 2 S 1 2 1 R I C A U Z Regs NAICS Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing S P 3327 Coating, Engraving, Heat Treating, and Allied Activities S P 3328 Other Fabricated Metal Product Manufacturing S S P S 3329 Agriculture, Construction, and Mining Machinery Manufacturing P S S P P P 3331 Industrial Machinery Manufacturing P S P P P P 3332 Commercial and Service Industry Machinery Manufacturing P S P P P P 3333 Ventilation, Heating, Air - Conditioning, and Commercial Refrigeration Equipment P S S — P P P 3334 Manufacturing Metalworking Machinery Manufacturing P S S P P P 3335 Engine, Turbine, and Power Transmission Equipment P S P P P P 3336 Manufacturing Other General Purpose Machinery Manufacturing P S P P P P 3339 Computer and Peripheral Equipment Manufacturing P S S — P P P 3341 Communications Equipment Manufacturing P S S — P P P 3342 Audio and Video Equipment Manufacturing P S S — P P P 3343 TA19 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 12 Page 12 of 39 TA19 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 13 Page 13 of 39 R R R M R R U M M F- M O F M R R R R F- F- M F- B C B C I I & A A S R M X Supp Permitted Uses PD 20S 20 15 10 R7 R5 L M H H 1 B 2 S 1 2 1 R I C A U Z Regs NAICS Semiconductor and Other Electronic Component Manufacturing P S S P P P 3344 Navigational, Measuring, Electromedical, and Control P S P P P P 3345 Instruments Manufacturing Manufacturing and Reproducing Magnetic and Optical Media P S S — P P P 3346 Electric Lighting Equipment Manufacturing P S P P P P 3351 Household Appliance Manufacturing P S S P P P 3352 Electrical Equipment Manufacturing P S S P P P 3353 Other Electrical Equipment and Component Manufacturing P S P — P P P 3359 Motor Vehicle Manufacturing S P S 3361 Motor Vehicle Body and Trailer Manufacturing S P S 3362 Motor Vehicle Parts Manufacturing S I P P 3363 Aerospace Product and Parts Manufacturing S P P 3364 Railroad Rolling Stock Manufacturing S P P 3365 Ship and Boat Building S P P 3366 Other Transportation Equipment Manufacturing S P P 3369 Household and Institutional Furniture and Kitchen Cabinet P S S P P P 3371 Manufacturing Office Furniture (including Fixtures) Manufacturing P S S — P P P 3372 TA19 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 13 Page 13 of 39 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 14 Page 14 of 39 R R R M R R U M M F- M O F M R R R R F- F- M F- B C B C I I & A A S R M X Supp Permitted Uses PD 20S 20 15 10 R7 R5 L M H H 1 B 2 S 1 2 1 R I C A U z Regs NAICS Other Furniture Related Product Man. P S S P P P 3379 Medical Equipment and Supplies Manufacturing ? P P P 3391 Other Miscellaneous Manufacturing P S P P P P 3399 Intensive Manufacturing Animal Slaughtering and Processing S 3116 Pulp, Paper, and Paperboard Mills S 3221 Petroleum and Coal Products Manufacturing S 3241 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing S 3253 Explosives Manufacturing S 325920 All Other Miscellaneous Chemical Product and Preparation S 325998 Manufacturing Cement Manufacturing S 32731 Lime and Gypsum Product Manufacturing S 3274 Alumina Refining and Primary Aluminum Production S 331313 Secondary Smelting and Alloying of Aluminum S 331314 Foundries S 3315 Fuel Bulk Storage Facilities S Electricity Generating Facilities S Sanitary Landfill S 72 -13 562212 Mining & Quarrying (Low Intensity) S S 72 -42 21 TA1 9 -01 Text Amendment Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 14 Page 14 of 39 TA1 9 -01 Text Amendment Page 15 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 15 R R R M R R U M M F- M O F M R R R R F- F- M F- B C B C I I & A A S R M X SUPP Permitted Uses PD 20S 20 15 10 R7 R5 L M H H 1 B 2 S 1 2 1 R I C A U Z Regs NAICS Mining & Quarrying (High Intensity) S 72 -42 21 TA1 9 -01 Text Amendment Page 15 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 15 Section 51.9: R -5 Moderate -High Residential District Intent: The intent of the R -5 Moderate -High Residential District is to provide moderate to high density residential development on smaller lots with a compact and walkable development pattern. R -5 zoning allows a range of housing types and can be developed in conjunction with a non - residential district to create a mixed -use development pattern as well as serve as a transition between mixed -use or commercial development and low to moderate density residential development, such as R -7 and R -10 zoning. Dimensional Requirements: Conventional Subdivision Lots Minimum Lot Size 5,000 sf 7,500 sf 12,500 sf detached single family duplex 3 -unit attached single family 17,500 sf 4 -unit attached single family Minimum Lot Width 50 ft. Front Setback (minimum) 20 ft. Rear Setback (minimum) 15 ft. Side, Interior Setback (minimum) 7 ft. Side, Street Setback (minimum) 10.5 ft. Performance Subdivision Lots Maximum Density 8 units /acre Perimeter Setbacks 20 ft. Building Separation between detached single family 10 ft. Building Separation between detached single family and duplex 20 ft. Building Separation between 3+ -unit attached and all other dwellings 20 ft. Structure Size (maximum) Height 35 ft. TA19 -01 Text Amendment PB 4.4.2019 Page 16 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 16 Section 51.10: RMF -L Residential Multi - Family Low Density District Intent: The RMF -L District is established for moderate density single family and low density multi - family development of varying types and designs. It functions as an alternative housing type near or in direct relationship to single - familv detached housine. Dimensional Requirements: Conventional Subdivision Lots Minimum Lot Size 5,000 sf detached single family 7,500 sf duplex 12,500 sf 3 -unit attached single family 17,500 sf 4 -unit attached single family 20,000 sf multi - family (5+ attached units) Minimum Lot Width 50 ft. detached single family duplexes, 3 -unit & 4 —unit attached 100 ft. multi - family Front Setback (minimum) 20 ft. detached single family duplexes, 3 -unit & 4 —unit attached 35 ft. multi - family Rear Setback (minimum) 15 ft. detached single family duplexes, 3 -unit & 4 —unit attached 25 ft. multi -family Side, Interior Setback (minimum) 5 ft. detached single family duplexes, 3 -unit & 4 —unit attached 20 ft. multi - family Side, Street Setback (minimum) 10 ft. detached single family duplexes, 3 -unit & 4 —unit attached 30 ft. multi - family Maximum Density 10 units /acre Performance Subdivision Lots (no minimum lot sizes, allows clustering) Maximum Density 10 units /acre Perimeter Setbacks 20 ft. Building Separation between detached single family 10 ft. Building Separation between detached single family and duplex 20 ft. Building Separation between 3+ -unit attached and all other 20 ft. dwellings Structure Size (maximum) Height 3 stories, with a maximum of 45 ft.* * Heights over 35 ft. subject to additional setback of .4 additional feet. TA19 -01 Text Amendment PB 4.4.2019 Page 17 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 17 Section 51.11: RMF -M Residential Multi - Family Moderate Density District Intent: The RMF -M District is established for moderate density single- family and multi - family development of varying types and designs. It functions as a transitional land use between intensive nonresidential uses or hither densitv residential areas and lower densitv residential areas. The district is designed to provide a reasonable range of choi unincorporated county. Dimensional Requirements: and location of housing units within the Conventional Subdivision Lots (specifies minimum lot sizes) Minimum Lot Size 5,000 sf detached single family 7,500 sf duplex 12,500 sf 3 -unit attached single family 17,500 sf 4 -unit attached single family 20,000 sf multi - family (5+ attached units) Minimum Lot Width 50 ft. detached single family duplexes, 3 -unit & 4 —unit attached 100 ft. multi - family Front Setback (minimum) 20 ft. detached single family duplexes, 3 -unit & 4 —unit attached 35 ft. multi - family Rear Setback (minimum) 15 ft. detached single family duplexes, 3 -unit & 4 —unit attached 25 ft. multi - family Side, Interior Setback (minimum) 5 ft. detached single family duplexes, 3 -unit & 4 —unit attached 20 ft. multi - family Side, Street Setback (minimum) 10 ft. detached single family duplexes, 3 -unit & 4 —unit attached 30 ft. multi - family Maximum Density 17 units /acre Performance Subdivision Lots (no minimum lot sizes, allows clustering) Maximum Density 17 units /acre Perimeter Setbacks 20 ft. Building Separation between detached single family 10 ft. Building Separation between detached single family and duplex 20 ft. Building Separation between 3+ -unit attached and all other 20 ft. dwellings Structure Size (maximum) Height 3 stories, with a maximum of 45 ft.* * Heiehts over 35 ft. subiect to additional setback of 4 additional feet. TA19 -01 Text Amendment PB 4.4.2019 Page 18 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 18 Section 51.12: RMF -MH Residential Multi - Family Medium -High Density District Intent: The RMF -MH District is established for medium -high density residential development of varying types and designs, with emphasis on midrise structures. It functions as a transitional land use between intensive nonresidential uses and lower densitv residential areas. The district is designed to be located near suburban shopping centers and employment centers. Dimensional Requirements: Conventional Subdivision Lots Minimum Lot Size 4,000 sf detached single family 7,500 sf duplex 12,500 sf 3 -unit attached single family 17,500 sf 4 -unit attached single family 20,000 sf multi - family (5+ attached units) Minimum Lot Width 40 ft. detached single family duplexes, 3 -unit & 4 —unit attached 90 ft. multi - family Front Setback (minimum) 15 ft. detached single family duplexes, 3 -unit & 4 —unit attached 30 ft. multi - family Rear Setback (minimum) 15 ft. detached single family duplexes, 3 -unit & 4 —unit attached 25 ft. multi - family Side, Interior Setback (minimum) 5 ft. detached single family duplexes, 3 -unit & 4 —unit attached 20 ft. multi - family Side, Street Setback (minimum) 10 ft. detached single family duplexes, 3 -unit & 4 —unit attached 30 ft. multi - family Maximum Density 25 units /acre Performance Subdivision Lots Maximum Density 25 units /acre Perimeter Setbacks 20 ft. Building Separation between detached single family 10 ft. Building Separation between detached single family and duplex 20 ft. Building Separation between 3+ -unit attached and all other 20 ft. dwellings Structure Size (maximum) Height 3 stories, with a maximum of 45 ft.* * Heights over 35 ft. subiect to additional setback of 4 additional feet. TA19 -01 Text Amendment PB 4.4.2019 Page 19 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 19 Section 51.13: RMF -H Residential Multi - Family High Density District The RMF -H district is established for high density residential development of varying types and designs, with emphasis on midrise and high -rise structures. This district is designed to be located in close proximity to major population centers, areas identified for targeted growth, employment centers, and destination nodes. Dimensional Requirements: Conventional Subdivision Lots Minimum Lot Size 3,000 sf detached single family 6,000 sf duplex 9,000 sf 3 -unit attached single family 12,000 sf 4 -unit attached single family 15,000 sf multi - family (5+ attached units) Minimum Lot Width 40 ft. detached single family duplexes, 3 -unit & 4 —unit attached 80 ft. multi - family Front Setback (minimum) 15 ft. detached single family duplexes, 3 -unit & 4 —unit attached 30 ft. multi - family Rear Setback (minimum) 15 ft. detached single family duplexes, 3 -unit & 4 —unit attached 25 ft. multi - family Side, Interior Setback (minimum) 5 ft. detached single family duplexes, 3 -unit & 4 —unit attached 20 ft. multi - family Side, Street Setback (minimum) 10 ft. detached single family duplexes, 3 -unit & 4 —unit attached 30 ft. multi - family Maximum Density 36 units /acre Performance Subdivision Lots Maximum Density 36 units /acre Perimeter Setbacks 20 ft. Building Separation between detached single family 10 ft. Building Separation between detached single family and duplex 20 ft. Building Separation between 3+ -unit attached and all other 20 ft. dwellings Structure Size (maximum) Height 3 stories, with a maximum of 45 ft.* * Heights over 35 ft. subiect to additional setback of 4 additional feet. TA19 -01 Text Amendment PB 4.4.2019 Page 20 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 20 Section 52.5: Community Business (CB) District Intent: The intent of the Community Business district is to provide for the development, growth, and continued operation of businesses that serve surrounding single and multi - family residential neighborhoods with goods and services needed for a variety of daily and long -term purposes. Community Business districts should be designed in a format and scale that is accessible to both vehicles and pedestrians. Community Business should be located within New Hanover County at intersections and along streets that will allow multiple neighborhoods access to the district's businesses. Community Business zoning can serve as a buffer between higher density /intensity development and moderate or low density multi - family and single family neighborhoods. Dimensional Requirements: Lot & Setback Requirements Minimum Lot Size % acre Minimum Lot Width 80 ft. Front Setback (minimum) 20 ft. Rear Setback (minimum) 10 ft. generally 25 ft. when abutting residential district Interior Side Setback (minimum) 0 ft. generally 20 ft. when abutting residential district Corner Side Setback (minimum) 20 ft. Structure Size (maximum) Height 3 stories, with a maximum of 45 ft.* Floor Area per Development Site 100,000 ft, * Heights over 35 ft. subiect to additional setbacks and buffervards of 4 ft. TA19 -01 Text Amendment PB 4.4.2019 Page 21 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 21 Section 52.6: Commercial Services (CS) District Intent: The Commercial Services district is established to accommodate a mixture of light manufacturing, wholesale, storage, commercial service and repair, and distributive business type uses. It functions as a support district to nearby intensive industrial and commercial uses. The district is designed to be act as a transitional land use between intensive industrial and commercial development and less intensive commercial. office. and institutional uses. Dimensional Requirements: Lot Requirements Lot area, minimum Lot width, minimum 7,500 ft' Ml Setbacks (minimum) —see Additional Yard Standards for buildine over 35 ft. in heieht Front 35 ft. Side, street 25 ft. along highways & major thoroughfares 17.5 ft. along all other public highways or streets Side, interior 7 ft. generally 30 ft. when abutting residential district i Rear 15 ft. generally 35 ft. when abutting residential district Structure Size (maximum) Height 140 ft.* * Heights over 35 ft. subject to additional setbacks and bufferyards of 4 ft. District Specific Requirements: Lighting: All new construction where exterior site lighting is provided shall observe the followin limitations as to height: A. Unrestricted lighting: 10 ft. B. Ninety - degree cutoff lighting: 15 ft. In no case shall liehtinE for new construction be located or installed so as to shine directly onto residential premises. TA19 -01 Text Amendment PB 4.4.2019 Page 22 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 22 Section 54.2: Planned Development (PD) District 54.2 -1: Intent - required by this; Q.rd-inamcce and- the CUA- upty's Pelicies fA-.r GrevAh -and DevelepmeRt. (8/1/11) The Planned Development district is established to encourage innovative land planning and site design concepts that support a high quality of life and achieve a high quality of development under an integrated development plan that would otherwise not be possible under general district reauirements. It is designed to: 1. Create new planned development districts for specialized purposes where tracts are suitable in location, area, and character for development on a unified basis; 2. Promote economical and efficient patterns of land use that are sensitive to natural features; 3. Reduce automotive traffic congestion by a reasonably close relationship between origins and destinations of persons living, working, or visiting in such development; and 4. Encourage unified develoaments consistent with the goals of the countv's Comprehensive Plan and comaatible with surrounding land uses. 54.2 -2: District Regulations: (1) Minimum District Size: A contiguous gross land area of ^^^ r upd -Fed- (100) 10 acres or more under common ownership or joint petition. (2) Maximum Building Height: The maximum building height for residential, commercial, and office and institutional structures shall be forty (40) feet; except that the maximum height for buildings located within the Urban Mixed Use, Community Mixed Use, or Employment Center place types as indicated on the County's Land Classification Map and fronting along a collector, minor arterial or principal arterial as indicated on the Wilmington Urban Area MPO functional classification map shall be eighty (80) feet. (10/5/95) (8/1/11) (9/6/16) (3) Building Setback and Separation: Residential - 13huildings located on the periphery of the PD District shall be setback a minimum of twenty (20) feet from the PD District boundary. Industrial uses must meet the setback requirements outlined for the 1 -1 district. TA19 -01 Text Amendment PB 4.4.2019 Page 23 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 23 (Z7 All buildings shall be setback at least ten (10) feet from all pedestrian and bicycle paths and fifty (50) feet along US and NC numbered highways and major thoroughfares. No building shall encroach upon the right -of -way of a proposed thoroughfare as designated by the Wilmington Area Thoroughfare Plan or its equivalent adopted transportation planning document. In no case shall any part of a detached single family dwelling unit or its accessory structure be located closer than ten (10) feet to any part of any other detached single family dwelling or its accessory structure; and in no case shall any part of a multiple dwelling unit or its accessory structure be located closer than twenty (20) feet to any part of another dwelling unit, accessory structure, or non - residential buildings. (2/87)(11/05)(8/l/11) (5) Land Use Mixture: No more than thirty (30) percent of the PD District shall be used for light industrial, commercial, and office and institutional purposes. (6) Maximum Density: (1/2/90) (A) Allowable density shall be determined by the Site Capacity Standards for High Density Development as authorized in Section 72 -43 of this Ordinance, except that land intended for commercial, office and institutional, and industrial uses shall also be subtracted from the gross site area. The residential density factor of the PD district shall be 4.25 dwelling units per acre if the PD shall be located within the Urban Mixed Use, Community Mixed Use, General Residential, or Employment Center place types. (10/5/95) (9/6/16) (B) Residential units shall not be allowed at a density greater than 2.5 units per acre in the AE and VE special flood hazard areas and CAMA Estuarine Areas of Environmental Concern. (2/16/87) (9/6/16) (C) If the PD District shall be located within the Employment Center, Urban Mixed Use, or Community Mixed Use place types, the residential density factor of the PD District may be increased by using the following "Density Bonus Chart ". An increase in density from 4.25 to 10.2 dwelling units per acre requires a total score TA19 -01 Text Amendment PB 4.4.2019 Page 24 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 24 of 75 points or more. An increase in density from 10.2 to 17 units per acre requires a total score of 165 points or more. (2/16/87) (10/5/95) (8/1/11) (9/6/16) Bonus Density Points Adjacent to a Minor or Principal Arterial Facility as indicated on the County's Thoroughfare Classification Plan and providing a public collector road plan and a public or private local street plan that include sidewalks and bicycle facilities to provide an efficient variety of choices for moving people around and through the proposed development 15 Within one mile by road of established businesses sufficient to support a total employment equal to 85% of the anticipated labor force (calculated at one worker per unit) of the PD district population. 15 If the PD is located in a manner that satisfied at least two of the following criteria: 1. Within one road mile of a neighborhood convenience store offering basic grocery items and other items. 2. Within two road miles of a community shopping center. A community shopping center is defined as a site with a common parking area, a grocery store, and at least two of the following types of retail establishments: drug store, hardware store, dry cleaners, variety retail, department store, discount store or restaurant. 3. Within three miles of regional shopping center consisting of over 100,000 sq. ft. of retail space for sales and storage. 15 At least 1/2 mile inland of coastal wetlands, estuarine waters, estuarine shorelines and public trust waters and preserves riparian buffers and incorporates LID techniques for stormwater controls. 25 All structures are located beyond the 100 -year floodplain as designated on the County's Official Flood Insurance Maps. 20 Outside the County's most sensitive aquifer recharge area (Area No. 2) as shown on the Aquifer Sensitivity Map for New Hanover County. 15 Bus or shuttle transportation. 10 Solid waste transfer station. 30 Within one mile of a public park and recreation facility. 10 At least 5% of the total number of dwelling units in the PD District are designated and reserved on the Master Land Use Plan for either handicapped or households with income less than 60% of the median household income for New Hanover County. 20 Public access and public waterfront facilities provided, such as docks, piers, and boat ramps or shoreline parks and boardwalks 25 TA19 -01 Text Amendment PB 4.4.2019 Page 25 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 25 All residential units will meet LEED, Healthy Build Home, ICC700 Green Building Standards, or Green Globes designation. 20 Alternative energy systems supply at least 20% of the total non - renewable energy consumption for space and hot water heating. Alternative energy systems, for purposes of this Ordinance, are defined as constructed passive or active systems. Passive systems shall be evaluated using the solar load ratio method and active systems using the F -chart system. Points will not be awarded for this incentive unless the conditions for the above incentive concerning thermal standards are also met. 20 Recreational facilities other than tot lots and mini - parks. These recreational facilities may include, but are not limited to, tennis courts, golf courses, ball fields, basketball courts, and community recreation buildings or community gardens. Points will be awarded at a rate of one point for each $5,000 of investment (not including land or design costs), up to a maximum of 20 points. Adequacy of design and improvements, and cost estimates will be evaluated by the County Parks Department. 20 (7) The following minimum improvements and public services shall be provided in accordance with all standards set by the County or appropriate local or State agency: (A) Water supply and sewer facilities; (8/3/87) provided by the Cape Fear Public Utility Authority or an equivalent agency. (B) Fire hydrant and water supply systems that meet the standards specified in the National Fire Protection Association Standard as amended. (C) Repealed (8/1/11) (D) Repealed (8/1/11) (E) A drainage plan pursuant to Section 52 -5 of the Subdivision Ordinance. (5/5/97) and the New Hanover County Stormwater Ordinance (F) Repealed (8/1/11) (G) Street lights, at the rate of one fixture per 500 linear feet or less of roadway (H) Tot lots and /or mini -parks (adequacy of design and improvements to be evaluated by County Parks and Recreation Department), at the rate of one acre or more per 1,000 population and within 1 mile distance of residential areas to be served by them. Sidewalks or pedestrian trails shall establish a safe network for accessing these facilities. (8/1/11) (1) Audible fire alarm systems connected directly to a central Dispatch System for all structures except single family and duplex residential. (8/1/11) (J) Parking: Off - street parking shall be provided in accordance with Article VIII of this Ordinance, except that design of parking lots or shared parking facilities may be approved with minor dimensional deviations, when the TRC concurs and provided the number of required spaces is not reduced. (8/1/11) TA19 -01 Text Amendment PB 4.4.2019 Page 26 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 26 (K) Signs: Signs shall be in accordance with Article IX of this Ordinance. The developer shall be responsible for erecting and maintaining street name signs at all intersections within the PD District. Signs on public streets shall conform with existing Department of Transportation regulations. (L) Community Property Owner's Association: A Community Property Owner's Association shall be established in accordance with Sections 60.2 and 60.5 of the Zoning Ordinance. Rights -of -way platted for public use may not be altered to private rights -of -way by any action of a community property owner's association unless approved by the Technical Review Committee. (8/1/11) (M) Required Master Land Use Plan 1. A Master Land Use Plan and necessary documents shall be submitted along with the rezoning petition. The Master Land Use Plan shall consist of an overall land use plan showing existing and proposed development for the PD District as a whole. 2. The Master Plan shall be prepared by a multi - disciplinary team consisting of qualified practitioners in architecture, planning, and engineering. 3. Contents of the Master Land Use Plan shall include the following: a. Scale not less than one (1) inch to four hundred (400) feet. b. North Arrow c. Vicinity or Location Map d. Development name e. Owner's name and address f. Developer (if other than owner) g. Names of design team h. Date i. Boundary line of the proposed PD District j. Existing topographic information with two (2) foot contour intervals k. All water courses, 100 -year floodplains, mean high water lines and unique natural features I. Tree inventory and location m. Recreation areas and facilities n. Street layout and traffic circulation pattern o. Pedestrian and bicycle circulation systems p. Residential areas with projected density and planned housing types, and acreage (Include a table) TA19 -01 Text Amendment PB 4.4.2019 Page 27 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 27 q. Commercial, industrial, and office and institutional areas with proposed land uses, estimated square footage, and acreage. (Include a table) r. All adjoining land uses and zoning districts. s. FFinge use aFeas t. School sites being reserved and recreational areas to be dedicated for public use, if applicable u. Total gross acres v. Total acres occupied by all street right -of -way and parking areas w. High Density calculations as required in Section 72 -43 4. The Master Land Use Plan shall be accompanied by the following: a. The names and addresses of each property owner within the proposed PD district. b. A legal description of the proposed PD District c. Community property owners association proposed covenants. d. A drainage plan showing locations and acreage of drainage areas, sizes and specifications of drainage structures, and supporting calculations using Soil Conservation Service methods or other methods approved by the County Engineer for both pre - development and post - development conditions. e. A utility plan showing existing and proposed utility systems, including sanitary sewers, water, electric, gas, television and telephone lines, fire hydrants, street lighting and trash collection areas. f. A traffic impact analysis g. A development phasing schedule including the sequence and approximate dates of each phase; and, proposed phasing of construction of public improvements, recreation, and common open space areas. h. A statement of planning objectives including: 1. Identification of appropriate County Land Use Policies achieved by the proposed PD District; 2. An estimate of total residential population 3. Other necessary information and evidence to support the creation of a PD District in the County. (N) Thoroughfare Requirements - The development shall have direct access, as required in Section 61.3, to and from an existing major or minor arterial as TA19 -01 Text Amendment PB 4.4.2019 Page 28 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 28 indicated in the Wilmington Area MPO Functional Classification Map. All interior drives shall be designed so as to provide adequate access for emergency service vehicles. (2/16/87) and future connectivity to adjoining undeveloped properties. (8/1/11) (0) Recognizing the County's need for adequate housing for the elderly population as stated in the Comprehensive Land Use Plan, the following district regulations shall apply in instances where at least twenty -five percent (25 %) of the PD district number of units are included in a Continuing Care Retirement Facility as described and regulated under NCGS 58 Article 64: a. The maximum height for a continuing care retirement facility building shall be up to 55 feet. The thoroughfare requirements in Section 54.2 -2(7) (N) and Section 61.3 may be satisfied if a traffic study supports a finding by the Board of County Commissioners that the roadway providing access for the proposed PD development to and from an existing major or minor arterial will operate at an acceptable level of service (LOS), and will not cause the LOS to drop below Level C. (1/07/08) at build -out. 8/1/11)(9/6/16) TA19 -01 Text Amendment PB 4.4.2019 Page 29 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 29 Section 54.4: Urban Mixed Use Zoning (UMXZ) District Intent: The UMXZ district is established to meet the following five primary objectives in the areas of New Hanover County in proximity to the City of Wilmington and those intended for urban- or community -scale mixed use development: 1. To encourage the efficient mixed use development Dattern envisioned in the comarehensive Dlan: 2. To result in quality design and a variety of built forms of lasting value that result in a pedestrian scale; 3. To provide a mix of housing options; 4. To promote and enhance transportation options, particularly those that are pedestrian- oriented, while reducing demand for automobile trips; and 5. To encourage a mix of uses to foster a sense of communitv. The district regulations include design elements intended to enhance the urban form, increase neighborhood safety, and add flexibility for small lots. Integrated mix of uses on development sites and within individual buildings is encouraged. UMXZ zoning is intended to promote mixed -use developments on sites large enough to create a mix of uses within the existing suburban environment. Typically, these developments will include creative development and redevelopment solutions. Dimensional Requirements: Size Requirements Minimum District Size 5 acres Setbacks Minimum from single- family residential zoning 35 ft. for buildings <_ 35 ft. in height 45 ft. for buildings > 35 ft. in height districts Maximum from any street 10 ft. (front setbacks are not required along alleyways; TRC may waive strict adherence to requirement where an existing easement or significant natural feature exists) Height (maximum) Along arterial streets 4 stories or 45 ft. by -right 75 ft. with Additional Height Allowance special use permit Along residential & collector streets 2 stories or 35 ft. Along arterial &collector streets 5 stories or 55 ft. if structured parking is provided within rp oiect Density (maximum dwelling units /acre) Single Family Residential 15 Multi - Family Residential 25 Vertically integrated mixed -use building 36 TA19 -01 Text Amendment PB 4.4.2019 Page 30 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 30 District Specific Requirements: (1) Review Process: Any UMXZ development shall be processed as a conditional district rezoning subject to a conceptual site plan review. In addition, a specific site plan shall be reviewed and approved by the technical review committee in accordance with all applicable standards. (A) The following shall be included in the conceptual site plan: i. Boundary survey and vicinity map showing total acreage, general location in relation to major streets, railroads, and /or waterways, the date and a north arrow on top. ii. Conceptual plan showing the location of all major land uses and proposed maximum square footage for each use —may be a bubble format showing the general location and relative arrangement of different land uses. iii. Maximum building heights. iv. All external access points and conceptual internal traffic circulation plan. v. Proposed buffer and IandscaDInE areas. (B) Minor modifications to approved conceptual site plans that have no material effect on the character of the approved development and comply with all applicable standards of this Ordinance may be approved by the Planning Director. Any other changes to approved conceptual site plans must be authorized by the Board of Commissioners. Changes in the following constitute minor modifications that may be approved by the Plannina Director: i. Modifications in building placement, provided the placement does not decrease the setbacks agreed to during the conditional rezoning process by more than 10 percent; ii. Increases to building size and height not to exceed 10 percent; iii. Increase to the impervious surfaces not to exceed 10 percent; iv. Modifications to structure floor plans; v. Modifications to the driveway locations as required by the North Carolina Department of Transportation; and vi. Modifications to the proportion of use type not to exceed 10 percent. (2) Mix of Uses: All UMXZ protects shall include a mix of both residential and nonresidential uses. (3) Utility and Equipment Screening: (A) HVAC equipment, air conditioning window units, and other electrical equipment, and fire escapes shall not be located on facades with street frontage. All such equipment shall be placed in the interior yards or inset into the roof pitch, or behind a parapet wall in the case of a flat roof. of the buildinE and screened from the riEht- of-way. (B) Through -wall mechanical units are permitted on any facade if they are incorporated into the design of the building, flush with the facade on which they are located, concealed by a vent cover, and have an internal drip system for condensation. TA19 -01 Text Amendment PB 4.4.2019 Page 31 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 31 (C) Utility meters, transformers, and fixed trash disposal receptacles that cannot be located out of sight shall be screened from the public right -of -way by plantings or opaque fencing. (D) The TRC may approve alterations to these standards in cases where they cannot be met due to design considerations of the structure and the intent of visual minimization of the feature is otherwise addressed. (4) Site Lighting: All site lighting shall be located, angled, shielded, and /or limited in intensity so as to cast no direct light upon adjacent properties, shall minimize off -site backlighting glare, and up- lighting. Light posts shall be no taller than 12 feet. (5) Parking and Driveway Requirements: (A) Parking shall be provided in accordance with the requirements of Article VIII of this ordinance, shared parking may be allowed upon submittal of a parking study showing how parking as provided will be sufficient for permitted uses. (B) Surface parking shall be located to the side or rear or buildings or in the interior of a block and shall be prohibited in front of buildings. Surface parking shall not be located along rights -of -way, except for alleys. The TRC may approve alterations to this standard in cases where locating parking to the side or rear is limited by existing site features, such as trees, or when this requirement is not consistent with the existing frontage pattern along the roadway. (C) Surface parking lots visible from the public right -of -way shall be screened by permanent walls, shrubbery, or hedges at least 3 feet in height. If hedges or shrubbery are used, they shall be at 3 feet in height at the time of planting and shall be maintained at 3 -5 ft. in height at all times. (D) Parking shall be accessed via alleyways wherever possible. (E) The design of all above -grade parking structures shall relate to the context of the area. Exterior walls of parking structures shall be designed with materials, colors, and architectural articulation in a manner that provides a visual compatibility with adjacent buildings and environment. (F) Pervious pavement materials, vegetated bio- infiltration parking lot islands, or infiltration systems shall be used to minimize pollutant run -off from surface parking areas to the extent that soil permeability. death to Lyroundwater. or site constraints allow. (6) General Site Design: Each of the following components shall be included in UMXZ developments. (A) Multi -modal Transportation Opportunities: Public transit, walking, bicycling, and /or water - oriented transit and the facilities necessary for such uses. Pedestrian circulation shall be clearly defined with paving, materials, and /or landscaping and shall connect all uses. Sidewalks and crosswalks shall be provided within new developments as necessarv. ii. Bicycle and /or pedestrian connectivity to adjacent developments or existing or funded bicvcle and Dedestrian facilities. iii. Where no sidewalks currently exist, sidewalks shall be installed within the right -of- way between the property line and the back of the curb. Sidewalk width shall be TA19 -01 Text Amendment PB 4.4.2019 Page 32 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 32 a minimum of 12 feet along arterial streets and 8 feet along residential /collector streets and may be reduced on internal private streets with TRC approval when context design constraints dictate or when project intensity and /or density indicate that 8 feet sidewalks will be sufficient to accommodate pedestrian traffic. iv. Sidewalks may be limited to a single side of rights -of -way or private streets or sidewalk width may be reduced when right -of -way or private street abut streams, ponds, or wetlands or when contextual design constraints dictate, as determined by the TRC. v. An internal grid street pattern is required. Block faces within the grid pattern shall not exceed 400 ft. in length. The grid pattern may be supplemented with alleys. The TRC may waive strict adherence to the grid pattern when sites are constrained by topography, including wetlands, ponds, or other natural features, and where connections to arterial streets and connections and relationships to adjacent sites require flexibility. (B) Street Trees: Street tree plantings in below -grade planters or planting strips shall be included at the rate of 1 tree per 30 feet of frontage in all private rights -of -way and in public rights -of -way upon approval by NCDOT. The TRC may waive strict adherence to this requirement if an alley is utilized along all or portions of the street frontage. (C) Buffers and Streetyards: All development within the UMXZ district may be exempted from required buffers and streetyard requirements, as approved by the technical review committee when contextual design constraints dictate or when other design and /or landscaping features of the development serve to meet the needs of buffering and /or streetyard requirements. A minimum buffer of at least 20 feet in width is required adiacent to single- family residential zoning districts. (D) Trash Containment Screening: All developments with the UMXZ are subject to the following screening requirements. i. Trash containment areas shall be located within a building where possible. ii. If trash containment, including areas for holding recycling, cannot be accommodated within a building, it shall be placed on the rear or side of the building and shall be completely enclosed and screened from view of public rights - of -way with an opaque fence or wall and /or plant materials, as approved by the technical review committee. The enclosure shall be at least 1 foot taller than the highest point of the trash receptacle. Chain link and exposed concrete blocks are prohibited. (E) Fences and Walls: Open wire fencing, including chain link, hurricane fencing, and barbed wire, is prohibited. Within front vards, fence heights may not exceed 4 feet. (7) Building Design: All new construction in the UMXZ district shall comply with the followi design standards. where aDDlicable. (A) Building Entrances: Primary entrances should be clearly distinctive from other entrances. Primary building entrances shall be oriented toward sidewalks along primary street frontages. (B) Massing and Scale: Large expanses of flat, unadorned walls are prohibited. Facades shall incorporate architectural details, particularly at the pedestrian level. Building TA19 -01 Text Amendment PB 4.4.2019 Page 33 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 33 facades along rights -of -way shall incorporate periodic transitions across the facade. Building facades exceeding 30 ft. in width along rights -of -way shall be divided into distinct areas utilizing methods including, but not limited to, facade offsets, pilasters, change in materials, or fenestration (window arrangement). Transitions shall be no further apart than 2/3 of the height of the facade. (C) Street -Level Facades: New buildings shall front onto sidewalks to reinforce pedestrian activity along streets and pedestrian ways. Exterior burglar bars, fixed "riot shutters," or similar security devices shall not be visible from the public right -of -way. (D) Exterior Building Materials: Exterior building materials for all new nonresidential or multifamily structures shall be of quality finish materials. Structural metal panels or unparged or non - architectural, non - decorative concrete block shall be prohibited on facades visible from the public right -of -way. TA19 -01 Text Amendment PB 4.4.2019 Page 34 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 34 Section 60: Development Plans Section 60.6: Lighting All site lighting for non - residential or multi - family uses shall be located and directed so as not to shine or reflect directly onto any adjacent residential zoning districts and /or uses. Section 63: Additional Restrictions Imposed on Uses Permitted by Right Section 63.2: Accessory Building /Use 63.2 -3: Detached accessory dwelling units shall be allowed in districts where permitted by right, subject to the following requirements: (1) Only one accessory apartment shall be permitted by right. (2) Area sufficient for two off - street parking spaces shall be required. (3) Proof of adequate water and sewer capacity from the appropriate provider (CFPUA, etc.) shall be provided if accessory units are not included in subdivision approvals. (4) In the RMF districts, accessory apartments shall only be allowed when constructed in connection with any single family detached development allowed within the district. (5) For detached accessory units, a. In conventional subdivisions, the subject lot must exceed the minimum lot area of the applicable zoning district by at least 50% or 5,000 square feet, whichever is less; b. In performance subdivisions, accessory units shall be considered a dwelling unit for density requirements, and new accessory units may not increase density beyond the maximum allowed in the applicable zoning district. c. The entire accessory unit shall not exceed 50% of the gross total enclosed heated square footage of the existing single- family dwelling or 1,200 feet, whichever is less. d. The side setbacks for the detached unit shall be no less than required for the principal structure and a minimum of 5 ft. e. Rear setbacks for the detached unit shall be a minimum of 5 ft. f. The detached unit shall be located completely behind the plane of the rear facade of the principal structure unless constructed over a detached garage. Section 63.4: Residential Uses Section 63.4 -4: Single Family Dwelling- Attached In the R -5 District, attached single family dwellings shall be limited to 3 -unit and 4 -unit structures exceptine row or townhouses. Section 63.5 -1: Telecommunication Facilities, Cellular and Related Towers Section 63:10: Electronic Gaming Operation (Sweepstakes) Electronic Gaming Operations shall be permitted by right as an accessory use to other commercial operations permitted by right in the B -1, B -2, 1 -1 or 1 -2 Zoning Districts when the following standards are applied: 1. The operation is located within the same structure or unit as the principal use. TA19 -01 Text Amendment PB 4.4.2019 Page 35 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 35 2. The maximum number of machines /terminals /computers per business unit is two (2) devices. 3. For situations in which there are multi -unit or multi- tenant commercial buildings and more than one unit wishes to include gaming operations, a special use permit meeting the standards of Section 72 -40 is required. In no case can the cumulative total number of machines for a business center, multi -unit or multi- tenant building exceed ten (10). 4. Off - Street Parking shall include one additional space per machine over and above the normal parking standards for the uses, and all parking must comply with all other provisions of Section VIII of the Zoning Ordinance. 5. All legally operating gaming operations made non - conforming by adoption of this section shall be removed or brought into compliance with these provisions within 60 months of the date of adoption of this section. (5/3/10) In the CB and CS districts, Electronic Gaming Operations are allowed as a primary use and are subject to the standards listed for accessory operations above. In addition, the standards outlined in Section 72 -40 for operations allowed with a special use permit shall also apply to primary operations permitted by- right. Section 63.13: Retail Uses in the Community Business (CB) District The maximum footprint of retail structures in the Community Business (CB) District shall be 60,000 square feet. Section 63.14: Restrictions on Outside Storage, Displays, and Activities A. In the CB district. the followine restrictions aaaly: a. No more than ten (10) automotive vehicles may be displayed on an automobile renting and leasing lot. b. Outside storage areas are not allowed. c. All work associated with contractor operations shall be conducted entirely within enclosed structures. B. In the CS district, outside storage areas must be screened in accordance with Section 62.1 -4(3 of this ordinance. C. In the R -5 and RMF districts, utilities must be screened in accordance with Section 62.1 -4(3) of this ordinance, except that screening may be reduced if it complete screens the utility from view of the public right -of -way or adjacent property. Section 63.15: Automobile Service Station A. In the CB district, the following additional restrictions apply: a. Automobile towing operations are not allowed. b. All repair work or lubrication shall be conducted within the principal building. All permanent storage of materials, merchandise, or repair and servicing equipment shall be contained within the principal building. c. No operator shall permit the storage of motor vehicles for a period in excess of 24 hours unless the vehicles are enclosed in the Drincioal buildine. TA19 -01 Text Amendment PB 4.4.2019 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 36 Page 36 of 39 d. Service or customer vehicles shall be parked on the premises in a manner than will not create traffic hazards or interfere with the vehicular maneuvering area necessary to enter or exit the site. e. The premises shall not be used for the sale of vehicles. f. No outdoor work shall be performed except in areas designated for such activity on an approved site plan. g. Outdoor work areas shall be fenced, walled, or screened to minimize on -site and off -site noise, glare, odor, or other impacts. h. Additional buffering and screening may be required where such use is located in close proximity to residential or retail commercial uses. Section 63.16: Churches A. In the R -5 and RMF districts, the following additional restrictions apply: a. Religious institutions up to 1.000 of fewer seats are allowed as lone as i. Structures are limited to a sanctuary or similar main gatherin facility that may also include individual rooms for administration, dining halls, and classrooms. Accessory structures for maintenance and storage purposes are permitted. ii. Signs shall not be internally illuminated. b. The following uses are prohibited without a special use permit: i. Outdoor recreational facilities, except those associated with child care provided as part of the principal use. Such facilities shall be restricted to "tot lots" or similar play areas. ii. Schools associated with the institution. iii. Indoor recreation facilities such as basketball courts or similar facilities. iv. Religious institutions with more than 1,000 seats, provided that such facilities shall only be allowed if direct access from a collector street or minor or major thoroughfare is provided. c. Primary vehicular access to the use shall not be provided by way of a local residential street. d. When a religious institution and any associated buildings, outdoor recreational facilities or off - street parking areas abut a single- family residential district or use, a buffer shall be provided along the side and rear vards. B. In the CB and CS districts. the followinE additional restrictions a a. Religious institutions are permitted with no seat limitations if located on a local street or minor or major thoroughfare. b. Primary vehicular access to the use shall not be provided by way of a local residential street. c. When a religious institution and any associated buildings, outdoor recreational facilities or off- street parking areas abut a single- family residential district or use, a buffer shall be provided along the side and rear vards. TA19 -01 Text Amendment PB 4.4.2019 Page 37 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 37 Section 63.17: Commercial Parkine Lots A. If outdoor, a 3 -foot high buffer with a minimum depth of 10 feet shall be provided in the front yard to screen parking areas from the road. B. Access shall be prohibited through residential areas. C. Six percent of the gross parcel area shall be landscaped to the following standards: a. Landscaped areas shall be evenlv located around the Derimeter of the Darcel. b. One tree and six shrubs shall be planted for every 15 parking spaces. c. 50% of trees shall be of a shade /canopy variety. Section 63.18: Dwelling Unit Contained within Principal Unit When permitted by -right in a zoning district, the following additional restrictions aDG A. The residential unit may be occupied solely by the person engaged in the principal use or a full - time employee, and their family members residing with them; B. The site shall provide an area of open space unobstructed by any buildings, parking or structures equal to the floor area of the residential unit; said open space shall be in addition to any required yards or buffers and be located on the same lot as the principal use; C. The amount of floor area for the residential unit shall be no more than 50% of the total floor area of the principal use; D. The residential unit shall be located totally above the ground floor or totally to the rear of the principal use so as not to interrupt the commercial frontage: and E. In addition to the require off - street parking for the principal use, 2 off - street parking spaces shall be Drovided for the residential unit. Section 63.19: Kennels Kennels permitted by -right in the CB and CS districts may only be allowed for commercial boarders and breeders, including "doggy daycare" uses and shall comply with the following requirements: A. All pens shall be enclosed B. The kennel facilitv shall be no closer than 100 ft. to anv residentially zoned or used lot C. Limited outdoor exercise runs or facilities shall be permitted so long as their hours of use are restricted to the hours between 8 am and 5 pm. D. The facility must be air conditioned. E. Exercise runs of facilities shall be a minimum of 4 ft. by 10 ft. F. The facility shall maintain a minimum total of 25 square feet of kennel area per animal. This area may be comprised of cage area, runs, or exercise facilities. G. Any outdoor area used for animal containment or exercise shall be maintained by removing animal waste on a regular basis for proper disposal as outdoor solid waste and shall be separated by a vegetative buffer of not less than 50 ft. from any stream, delineated wetland, or other surface water features including wet detention ponds. In lieu of meeting these setback requirements, this provision can be met by implementing an approved stormwater control plan desiened to maximize fecal die -off. TA19 -01 Text Amendment PB 4.4.2019 Page 38 of 39 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 38 H. Any runoff, wash down water, or waste from any animal pen, kennel, containment, or exercise area shall be collected and disposed of in the sanitary sewer after straining of solids and hair and shall not be allowed to enter the stormwater drainage or surface waters. Strained solids and hair shall be properly disposed of as solid waste. Section 63.20: Warehousing & Wholesaling In the CS district, warehousing, wholesaling, and /or other storage of live animals, explosives, and flammable gases or liquids is prohibited. Section 63.21: Artisan Manufacturing Artisan food and beverage producers, including breweries, in the CB district, shall meet the following requirements: A. One or more accessory uses, such as tasting room, tap room, restaurant, retail, demonstration area, education and training facility or other incidental use open and accessible to the public shall be included. B. Required parking shall be calculated based on the square footage proposed for each use. C. Storage of materials, including silos, products for distribution, and other items requiring long- term storage shall be allowed in areas behind a building, within service alleys, in enclosed building, or otherwise screened from the public right -of -way, pedestrian way, and adjacent residential properties. D. Off -site distribution via tractor trailer is only permitted if the truck traffic is limited to streets classified as arterials on the Wilmington Metropolitan Planning Organization Functional Classification MaD. TA19 -01 Text Amendment PB 4.4.2019 Board of Commissioners - July 1, 2019 ITEM: 13- 3 - 39 Page 39 of 39 INTENT STATEMENT Proposed Intent Statement The intent of the R -5 Moderate -High Residential District is to provide moderate to high density residential development on smaller lots with a compact and walkable development pattern. R -5 zoning allows a range of housing types and can be developed in conjunction with a non - residential district to create a mixed -use development pattern as well as serve as a transition between mixed -use or commercial development and low to moderate density residential development, such as R -7 and R -10 zoning. Commentary: This district is intended to mirror Wilmington's R -5 district, which applies to single - family residential development similar to the early "streetcar suburbs" near downtown Wilmington. The NHC version does not require the historic style and development pattern of these areas but allows the single family densities envisioned for community and urban mixed use places. DIMENSIONAL REQUIREMENTS Current City of Wilmington Requirements Minimum Lot Size 5,000 sf 7,500 sf 12,500 sf 17,500 sf detached single family duplex triplex (3 -unit building) quadraplex (4 -unit building) Minimum Lot Width 50 ft. detached single family duplex 3 -unit attached single family 4 -unit attached single family Maximum Lot Coverage 50% Front Setback (minimum) 20 ft. Rear Setback (minimum) 15 ft. Interior Side Setback (minimum) 7 ft. Corner Side Setback (minimum) 10.5 ft. Maximum Height 35 ft. clustering) Commentary: Proposed NHC Requirements Conventional Subdivision Lots Minimum Lot Size 5,000 sf 7,500 sf 12,500 sf 17,500 sf detached single family duplex 3 -unit attached single family 4 -unit attached single family Minimum Lot Width 50 ft. Front Setback (minimum) 20 ft. Rear Setback (minimum) 15 ft. Side, Interior Setback (minimum) 7 ft. Side, Street Setback (minimum) 10.5 ft. Performance Subdivision Lots (no minimum lot sizes, allows clustering) Maximum Density 8 units /acre Perimeter Setbacks 20 ft. Building Separation between detached single family 10 ft. Building Separation between detached single family and duplex 20 ft. Building Separation between 3+ -unit attached and all other dwellings 20 ft. Structure Size (maximum) Height 35 ft. • Unlike the City of Wilmington, New Hanover County provides two subdivision options: conventional and performance. The City of Wilmington only allows conventional subdivisions. In this type of residential development, lots must meet specific size requirements, and structures must meet specific setbacks. Performance subdivisions do not have these standards —only a maximum density and building separation requirements —which allows for clustering, townhome- style development, and condominium ownership. • The current City of Wilmington lot requirements will be the same for lots subdivided under the county's conventional subdivision standards. • Under the county's performance standards, the R -5 district will allow a maximum density of 8 units per acre, the maximum density allowed in the city currently. The perimeter setback and building separation standards are common for all performance projects. • Structure size requirements will be the same as the city's current standards for this district. • After receiving stakeholder feedback, the maximum lot coverage is not included in the proposed text amendment —NHC does not currently regulate residential site development in this way, relying on lot setback requirements and subdivision stormwater standards. 06 -2019 Board of Commissioners Version Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 1 USE PERMISSIONS Current City of Wilmington Permissions Uses Permitted by Right Proposed NHC Permissions Uses Permitted by Right K • Single- family, detached 0 Single Family Dwelling • Duplex, triplex, quadraplex • Single Family Dwelling- Attached* • Golf courses, public or private, with related services • Duplex • Parks and recreation areas, municipal • Golf Courses • Recreation, neighborhood • Parks & Recreation Area • Amateur Radio Antennas (up to 90 ft.) Uses Permitted w /Additional Standards • Antenna & Towers less than 70 ft. in height • Bed and Breakfast (Hemenway Residential Area only) • Cellular & PCS Antenna • Government uses outside public rights -of -way, except offices • Electric /Gas & Sanitary Services • Group home supportive, medium • Home Occupation • Libraries • Accessory Buildings or Uses, clearly incidental to the permitted use or • Religions institutions building • Telecommunication facility, unattended • Government Offices and Buildings* • Single- family courtyard developments • Group Homes* • Libraries* • Utility stations and plants outside public rights -of -way • Family care home • Churches* • Homestay lodging • Residential Care* • Family Child Care Home* Uses Permitted w /Special Use Permit • Accessory Dwelling Unit* • Agricultural Uses • Community center • Telephone & Telegraph Facilities • Day care, adult or child . Private Residential Boating Facility • Historic mixed -use buildings • Special Fundraising for Non - Profit Organizations* • Recreation facility, private • Evangelistic and Religious Assemblies not conducted at a church* • Planned unit development • Residential Private Pier • Schools, primary and secondary • Temporary Sign Permitted Accessory Uses &Structures • Temporary Relocation Housing* • Accessory apartment, detached Uses Permitted w /Special Use Permit • Community boating facility • Community Center • Home occupation • Adult Day Care • Kennel, private • Child Day Care • Swimming pool • Indoor Recreation Establishment • Outdoor Recreation Establishment • Elementary & Secondary Schools • Electric SUDS Lation • Other Communication Facilities including Towers • Commercial Marina • Cemeteries • Community Boating Facility • Nursing Home /Rehabilitation Center • Recycling Facilities: Small Collection Commentary: • Because the city and county do not have the same list of uses, the city's permissions have been translated as closely as possible to the closest county term. In addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permissions include: • Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The reference for the supplemental standards will be provided on the table, which is the county's current practice. Uses with a * have additional standards in the city, but the applicable standards are covered by general site design standards in the county and will be permitted without supplemental standards in the NHC district. • These uses and /or permissions are specific to the city code and are not proposed to be added to the county's list of uses. • This use is already allowed in the county under the performance subdivision option. • This use is permitted by the city but is not historically allowed in zoning districts of this type in the county's jurisdiction. It will not be included in the county R -5 district. • While not included in the city's R -5 district, these uses are generally allowed in county residential districts with these levels of permission. They will be allowed in the county's R -5 district. • These uses generally have different permissions in the county than they do in the city. In the NHC districts, permissions will be in -line with those of similar districts. 06 -2019 Board of Commissioners Version Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 2 INTENT STATEMENT Proposed Intent Statement The RMF -L District is established for moderate density single family and low density multi - family development of varying types and designs. It functions as an alternative housing type near or in direct relationship to single - family detached housing. Commentary: • This district is based on Wilmington's MF -L district and is intended for community mixed use places and areas near city developments of similar type and density. DIMENSIONAL REQUIREMENTS Current City of Wilmington Requirements Minimum Lot Size 5,000 sf detached single family 4 additional ft. for each 10 ft. increment, or portion thereof 20,000 sf multi - family Maximum Density 6 units /acre detached single family 8 ft. for each 10 ft. increment 10 units /acre multi - family Minimum Lot Width 50 ft. detached single family Minimum Lot Width 50 ft. detached single family all attached single family, duplexes, 3 -unit & 4 —unit attached (including duplexes, 3 -unit, 4 —unit) Front Setback (minimum) 100 ft. multi - family Maximum Lot Coverage 50% detached single family Rear Setback (minimum) 15 ft. detached single family all attached single family, duplexes, 3 -unit & 4 —unit attached (including duplexes, 3 -unit, 4 —unit) Side, Interior Setback (minimum) 30% multi - family Front Setback (minimum) 15 ft. detached single family Side, Street Setback (minimum) 10 ft. detached single family all attached single family, duplexes, 3 -unit & 4 —unit attached (including duplexes, 3 -unit, 4 —unit) Maximum Density 35 ft. multi - family Rear Setback (minimum) 15 ft. detached single family 20 ft. Building Separation between all attached single family, detached single family (including duplexes, 3 -unit, 4 —unit) 20 ft. 25 ft. multi - family Interior Side Setback (minimum) 5 ft. detached single family dwellings all attached single family, Structure Size (maximum) (including duplexes, 3 -unit, 4 —unit) 20 ft. multi - family Corner Side Setback (minimum) 10 ft. detached single family all attached single family, (including duplexes, 3 -unit, 4 —unit) 30 ft. multi - family Maximum Height 96 ft.* * Heights over 35 ft. subject to additional setbacks Additional Setbacks for Buildings >35 ft. in Height First 10 ft. above 35 ft. 4 additional ft. for each 10 ft. increment, or portion thereof 10.1 to 30 ft. above 35 ft. 6 ft. for each 10 ft. increment 30.1 ft. or more above 35 ft. 8 ft. for each 10 ft. increment Commentary: Proposed NHC Requirements Conventional Subdivision Lots (specifies minimum lot sizes) Minimum Lot Size 5,000 sf detached single family 7,500 sf duplex 12,500 sf 3 -unit attached single family 17,500 sf 4 -unit attached single family 20,000 sf multi - family (5+ attached units) Minimum Lot Width 50 ft. detached single family duplexes, 3 -unit & 4 —unit attached 100 ft. multi - family Front Setback (minimum) 20 ft. detached single family duplexes, 3 -unit & 4 —unit attached 35 ft. multi - family Rear Setback (minimum) 15 ft. detached single family duplexes, 3 -unit & 4 —unit attached 25 ft. multi - family Side, Interior Setback (minimum) 5 ft. detached single family duplexes, 3 -unit & 4 —unit attached 20 ft. multi - family Side, Street Setback (minimum) 10 ft. detached single family duplexes, 3 -unit & 4 —unit attached 30 ft. multi - family Maximum Density 10 units /acre Performance Subdivision Lots (no minimum lot sizes, allows clustering) Maximum Density 10 units /acre Perimeter Setbacks 20 ft. Building Separation between 10 ft. detached single family Building Separation between 20 ft. detached single family and duplex Building Separation between 3 +- 20 ft. unit attached and all other dwellings Structure Size (maximum) 3 stories, with a maximum of 45 ft.* * Heights over 35 ft. subject to additional setback of 4 additional feet. • Unlike the City of Wilmington, New Hanover County provides two subdivision options: conventional and performance. The City of Wilmington only allows conventional subdivisions. In this type of residential development, lots must meet specific size requirements, and structures must meet specific setbacks. Performance subdivisions do not have these standards —only a maximum density and building separation requirements —which allows for clustering, townhome- style development, and condominium ownership. • The majority of current City of Wilmington lot requirements will be the same for lots subdivided under the county's conventional subdivision standards. However, lot size requirements consistent with the R -5 standards will be added for duplexes and 3 and 4 -unit attached buildings for clarity, and only the maximum density of 10 units /acre is listed. The county does not outline maximum single family densities for conventional subdivisions, as that is generally determined by open space requirements and the types of roadway infrastructure provided. • Under the county's performance standards, the RMF -L district will allow a maximum density of 10 units per acre, the maximum density allowed in the city currently. The perimeter setback and building separation standards are common for all performance projects. • While the city allows building heights up to 96 feet in this district, this is taller than recommended for community mixed use places in the 2016 Comprehensive Plan. It recommends that buildings in this type of place be no more than 3 stories in height. The 45 ft. maximum should allow for most building types and is based on the City of Raleigh code, which includes both story and maximum height requirements. Staff will be working with our consultants to further refine height standards in future phases of this project. • The maximum lot coverage is not included in the proposed text amendment —NHC does not currently regulate residential site development in this way, relying on lot setback requirements and subdivision stormwater standards. 06 -2019 Board of Commissioners Version Board of Commissioners -July 1, 2019 ITEM: 13- 4 - 3 USE PERMISSIONS Current City of Wilmington Permissions Uses Permitted by Right Proposed NHC Permissions Uses Permitted by Right 4 • Dwellings, attached (including townhouses) • Single Family Dwelling • Dwellings, duplex, triplex, and quadraplex • Duplex • Dwellings, multifamily • Single Family Dwelling— Attached • Dwellings, single - family detached 0 Golf Courses • Golf courses, public or private, with related services 0 Parks & Recreation Area • Parks and recreation areas, municipal • Home Occupation • Recreation facility, neighborhood • Government Offices and Buildings* • Quad -unit apartment • Group Home* • Libraries* Uses Permitted w /Additional Standards • Churches* • Government uses outside public rights -of -way, except office uses, but • Residential Care* including buildings occupied or operated by federal, state, county and /or Accessory Buildings or Uses, clearly incidental to the permitted use or municipal government on land owned or leased by a government body building (including Property restricted real estate office use) • Group home supportive, small • Amateur Radio Antennas (up to 90 ft.) • Group home supportive, medium • Antenna & Towers less than 70 ft. in height & ancillary to principal use • Group home supportive, large • Cellular & PCS Antenna* • Libraries • Electric /Gas & Sanitary Services • Religious institutions • Family Child Care Home* • Telecommunication facility, unattended • Accessory Dwelling Unit • Utility stations and plants outside public rights -of -way that don't create • Agricultural Uses excessive noise, odor, smoke, dust, and that do not possess other • Telephone & Telegraph Facilities objectionable characteristics • Private Residential Boating Facility • Property restricted real estate office • Special Fundraising for Non - Profit Organizations* • Family care home • Evangelistic and Religious Assemblies not Conducted at a Church* • Homestay lodging • Residential Private Pier • Temporary Sign Uses Permitted w /Special Use Permit • Temporary Relocation Housing* • Community center Uses Permitted w /Special Use Permit • Day care, adult or child • Dormitory, private • Community Center • Fraternity and sorority houses • Adult Day Care • Group day facility • Child Day Care • Planned unit development • Fraternities /Sororities, Residential • Recreation facility, private • Elementary & Secondary Schools • Schools, primary and secondary • Indoor Recreation Establishment • Assisted living residence • Outdoor Recreation Establishment • Senior Living: Assisted Living or Personal Care Facility Permitted Accessory Uses & Structures . Electric Substation • Other Communication Facilities including Towers • Accessory apartment, detached • Commercial Marina • Home occupation . Nursing Home /Rehabilitation Center • Kennel, private • Cemeteries • Swimming pool . Community Boating Facility • Recycling Facilities: Small Collection Commentary: • Because the city and county do not have the same list of uses, the city's permissions have been translated as closely as possible to the closest county term. In addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permissions include: • Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The reference for the supplemental standards will be provided on the table, which is the county's current practice. Uses with a * have additional standards in the city, but the applicable standards are covered by general site design standards in the county and will be permitted without supplemental standards in the district. • These uses and /or permissions are specific to the city code and are not proposed to be added to the county's list of uses. • This use is permitted by the city but is not historically allowed in zoning districts of this type in the county's jurisdiction. It will not be included in the county RMF -L district. • While not included in the city's MF -L district, these uses are generally allowed in similar county districts with these levels of permission. They will be allowed in the county's RMF -L district. • These uses generally have different permissions in the county than they do in the city. In the NHC districts, permissions will be in -line with those of similar districts. • This use will be added to the county's list of uses. 06 -2019 Board of Commissioners Version Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 4 u►��r►��rr�r�ir�� Proposed Intent Statement The RMF -M district is established for moderate density single - family and multi - family development of varying types and designs. It functions as a transitional land use between intensive nonresidential uses or higher density residential areas and lower density residential areas. The district is designed to provide a reasonable range of choice, type, and location of housing units within the unincorporated county. Commentary: • This district is based on Wilmington's MF -M district and is intended for community mixed use places and employment centers. It can also serve as a transition between nonresidential districts or higher density residential areas and lower density areas. DIMENSIONAL REQUIREMENTS Current City of Wilmington Requirements Minimum Lot Size 5,000 sf detached single family 4 additional ft. for each 10 ft. increment, or portion thereof 20,000 sf multi - family Maximum Density 9 units /acre detached single family 8 ft. for each 10 ft. increment 17 units /acre multi - family Minimum Lot Width 50 ft. detached single family Minimum Lot Width 50 ft. detached single family all attached single family, duplexes, 3 -unit & 4 —unit attached (including duplexes, 3 -unit, 4 —unit) Front Setback (minimum) 100 ft. multi - family Maximum Lot Coverage 50% detached single family Rear Setback (minimum) 15 ft. detached single family all attached single family, duplexes, 3 -unit & 4 —unit attached (including duplexes, 3 -unit, 4 —unit) Side, Interior Setback (minimum) 30% multi - family Front Setback (minimum) 15 ft. detached single family Side, Street Setback (minimum) 10 ft. detached single family all attached single family, duplexes, 3 -unit & 4 —unit attached (including duplexes, 3 -unit, 4 —unit) Maximum Density 35 ft. multi - family Rear Setback (minimum) 15 ft. detached single family 20 ft. Building Separation between detached all attached single family, single family (including duplexes, 3 -unit, 4 —unit) 20 ft. 25 ft. multi - family Interior Side Setback (minimum) 5 ft. detached single family Structure Size (maximum) all attached single family, 3 stories, with a maximum of 45 ft.* (including duplexes, 3 -unit, 4 —unit) 20 ft. multi - family Corner Side Setback (minimum) 10 ft. detached single family all attached single family, (including duplexes, 3 -unit, 4 —unit) 30 ft. multi - family Maximum Height 96 ft.* * Heights over 35 ft. subject to additional setbacks Additional Setbacks for Buildings >35 ft. in Height First 10 ft. above 35 ft. 4 additional ft. for each 10 ft. increment, or portion thereof 10.1 to 30 ft. above 35 ft. 6 ft. for each 10 ft. increment 30.1 ft. or more above 35 ft. 8 ft. for each 10 ft. increment Commentary: Proposed NHC Requirements Conventional Subdivision Lots (specifies minimum lot sizes) Minimum Lot Size 5,000 sf detached single family 7,500 sf duplex 12,500 sf 3 -unit attached single family 17,500 sf 4 -unit attached single family 20,000 sf multi - family (5+ attached units) Minimum Lot Width 50 ft. detached single family duplexes, 3 -unit & 4 —unit attached 100 ft. multi - family Front Setback (minimum) 20 ft. detached single family duplexes, 3 -unit & 4 —unit attached 35 ft. multi - family Rear Setback (minimum) 15 ft. detached single family duplexes, 3 -unit & 4 —unit attached 25 ft. multi - family Side, Interior Setback (minimum) 5 ft. detached single family duplexes, 3 -unit & 4 —unit attached 20 ft. multi - family Side, Street Setback (minimum) 10 ft. detached single family duplexes, 3 -unit & 4 —unit attached 30 ft. multi - family Maximum Density 17 units /acre Performance Subdivision Lots (no minimum lot sizes, allows clustering) Maximum Density 17 units /acre Perimeter Setbacks 20 ft. Building Separation between detached 10 ft. single family Building Separation between detached 20 ft. single family and duplex Building Separation between 3+ -unit 20 ft. attached and all other dwellings Structure Size (maximum) 3 stories, with a maximum of 45 ft.* * Heights over 35 ft. subject to additional setback of 4 additional feet. • Unlike the City of Wilmington, New Hanover County provides two subdivision options: conventional and performance. The City of Wilmington only allows conventional subdivisions. In this type of residential development, lots must meet specific size requirements, and structures must meet specific setbacks. Performance subdivisions do not have these standards —only a maximum density and building separation requirements —which allows for clustering, townhome- style development, and condominium ownership. • The majority of current City of Wilmington lot requirements will be the same for lots subdivided under the county's conventional subdivision standards. However, lot size requirements consistent with the R -5 standards will be added for duplexes and 3 and 4 -unit attached buildings for clarity, and only the maximum density of 17 units /acre is listed. The county does not outline maximum single family densities for conventional subdivisions, as that is generally determined by open space requirements and the types of roadway infrastructure provided. • Under the county's performance standards, the RMF -M district will allow a maximum density of 17 units per acre, the maximum density allowed in the city currently. The perimeter setback and building separation standards are common for all performance projects. • While the city allows building heights up to 96 feet in this district, this is taller than recommended for community mixed use places in the 2016 Comprehensive Plan. It recommends that buildings in this type of place be no more than 3 stories in height. The 45 ft. maximum should allow for most building types and is based on the City of Raleigh code, which includes both story and maximum height requirements. Staff will be working with our consultants to further refine height standards in future phases of this project. • The maximum lot coverage is not included in the proposed text amendment —NHC does not currently regulate residential site development in this way, relying on lot setback requirements and subdivision stormwater standards. 06 -2019 Board of Commissioners Version Board of Commissioners -July 1, 2019 ITEM: 13- 4 - 5 USE PERMISSIONS Current City of Wilmington Permissions Current City of Wilmington Permissions Proposed NHC Permissions Uses Permitted by Right 6 Uses Permitted by Right • Single Family Dwelling Community Center • • Duplex • Dwellings, attached (including townhouses) • Single Family Dwelling— Attached • Dwellings, duplex, triplex, and quadraplex • Golf Courses • Dwellings, multifamily Group day facility Parks & Recreation Area • Dwellings, single - family detached • Home Occupation • Golf courses, public or private, with related services • Government Offices and Buildings* • Parks and recreation areas, municipal • Group Home* • Recreation facility, neighborhood • Libraries * • Quad -unit apartment • Churches* Uses Permitted w /Additional Standards • Residential Care* • Accessory Buildings or Uses, clearly incidental to the permitted use or • Government uses outside public rights -of -way, except office uses, but Accessory apartment, detached building (including Property restricted real estate office uses) Nursing Home /Rehabilitation Center including buildings occupied or operated by federal, state, county and /or • Amateur Radio Antennas (up to 90 ft.) Cemeteries municipal government on land owned or leased by a government body • Antenna & Towers less than 70 ft. in height & ancillary to principal use • Group home supportive, small • Cellular & PCS Antenna* • Group home supportive, medium • Electric /Gas & Sanitary Services • Group home supportive, large • Family Child Care Home* • Libraries • Accessory Dwelling Unit • Religious institutions • Agricultural Uses • Telecommunication facility, unattended . Telephone & Telegraph Facilities • Utility stations and plants outside public rights -of -way that don't create • Private Residential Boating Facility excessive noise, odor, smoke, dust, and that do not possess other • Special Fundraising for Non- Profit Organizations* objectionable characteristics & Evangelistic and Religious Assemblies not Conducted at a Church* • Property restricted real estate office • Residential Private Pier • Family care home • Temporary Sign • Homestay lodging • Temporary Relocation Housing* Uses Permitted w /SDecial Use Permit Uses Permitted w /SDecial Use Permit • Community center • Community Center • Day care, adult or child • Adult Day Care • Dormitory, private • Child Day Care • Fraternity and sorority houses • Fraternities /Sororities, Residential • Group day facility • Elementary & Secondary Schools • Planned unit development • Indoor Recreation Establishment • Recreation facility, private . Outdoor Recreation Establishment • Schools, primary and secondary • Senior Living: Assisted Living or Personal Care Facility • Assisted living residence • Electric Substation • Other Communication Facilities including Towers Permitted Accessory Uses &Structures • Commercial Marina • Accessory apartment, detached • Nursing Home /Rehabilitation Center • Home occupation • Cemeteries • Kennel, private • Community Boating Facility • Swimming pool • Recycling Facilities: Small Collection Commentary: • Because the city and county do not have the same list of uses, the city's permissions have been translated as closely as possible to the closest county term. In addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permissions include: • Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The reference for the supplemental standards will be provided on the table, which is the county's current practice. Uses with a * have additional standards in the city, but the applicable standards are covered by general site design standards in the county and will be permitted without supplemental standards in the district. • These uses and /or permissions are specific to the city code and are not proposed to be added to the county's list of uses. • This use is permitted by the city but is not historically allowed in zoning districts of this type in the county's jurisdiction. It will not be included in the county RMF -M district. • While not included in the city's MF -M district, these uses are generally allowed in similar county districts with these levels of permission. They will be allowed in the county's RMF -M district. • These uses generally have different permissions in the county than they do in the city. In the NHC districts, permissions will be in -line with those of similar districts. • This use will be added to the county's list of uses. 06 -2019 Board of Commissioners Version Board of Commissioners -July 1, 2019 ITEM: 13- 4 - 6 INTENT STATEMENT Proposed Intent Statement The RMF -MH district is established for medium -high density residential development of varying types and designs, with emphasis on midrise structures. It functions as a transitional land use between intensive nonresidential uses and lower density residential areas. The district is designed to be located near suburban shopping centers and employment centers. Commentary: • This district is based on Wilmington's MF -MH district and is intended for urban mixed use places. DIMENSIONAL REQUIREMENTS Current City of Wilmington Requirements Minimum Lot Size 4,000 sf detached single family 4 additional ft. for each 10 ft. increment, or portion thereof 20,000 sf multi - family Maximum Density 12 units /acre detached single family 8 ft. for each 10 ft. increment 2S units /acre multi - family Minimum Lot Width 40 ft. detached single family Minimum Lot Width 40 ft. detached single family all attached single family, duplexes, 3 -unit & 4 –unit attached (including duplexes, 3 -unit, 4 –unit) Front Setback (minimum) 90 ft. multi - family Maximum Lot Coverage 50% detached single family Rear Setback (minimum) 15 ft. detached single family all attached single family, duplexes, 3 -unit & 4 –unit attached (including duplexes, 3 -unit, 4 –unit) Side, Interior Setback (minimum) 35% multi - family Front Setback (minimum) 15 ft. detached single family Side, Street Setback (minimum) 10 ft. detached single family all attached single family, duplexes, 3 -unit & 4 –unit attached (including duplexes, 3 -unit, 4 –unit) Maximum Density 30 ft. multi - family Rear Setback (minimum) 15 ft. detached single family 20 ft. Building Separation between all attached single family, detached single family (including duplexes, 3 -unit, 4 –unit) 20 ft. 25 ft. multi - family Interior Side Setback (minimum) 5 ft. detached single family dwellings all attached single family, Structure Size (maximum) (including duplexes, 3 -unit, 4 –unit) 20 ft. multi - family Corner Side Setback (minimum) 10 ft. detached single family all attached single family, (including duplexes, 3 -unit, 4 –unit) 30 ft. multi - family Maximum Height 96 ft.* * Heights over 35 ft. subject to additional setbacks Additional Setbacks for Buildings >35 ft. in Height First 10 ft. above 35 ft. 4 additional ft. for each 10 ft. increment, or portion thereof 10.1 to 30 ft. above 35 ft. 6 ft. for each 10 ft. increment 30.1 ft. or more above 35 ft. 8 ft. for each 10 ft. increment Commentary: Proposed NHC Requirements Conventional Subdivision Lots (specifies minimum lot sizes) Minimum Lot Size 4,000 sf detached single family 7,500 sf duplex 12,500 sf 3 -unit attached single family 17,500 sf 4 -unit attached single family 20,000 sf multi - family (5+ attached units) Minimum Lot Width 40 ft. detached single family duplexes, 3 -unit & 4 –unit attached 90 ft. multi - family Front Setback (minimum) 15 ft. detached single family duplexes, 3 -unit & 4 –unit attached 30 ft. multi - family Rear Setback (minimum) 15 ft. detached single family duplexes, 3 -unit & 4 –unit attached 25 ft. multi - family Side, Interior Setback (minimum) 5 ft. detached single family duplexes, 3 -unit & 4 –unit attached 20 ft. multi - family Side, Street Setback (minimum) 10 ft. detached single family duplexes, 3 -unit & 4 –unit attached 30 ft. multi - family Maximum Density 25 units /acre Performance Subdivision Lots (no minimum lot sizes, allows clustering) Maximum Density 25 units /acre Perimeter Setbacks 20 ft. Building Separation between 10 ft. detached single family Building Separation between 20 ft. detached single family and duplex Building Separation between 3 +- 20 ft. unit attached and all other dwellings Structure Size (maximum) 3 stories, with a maximum of 45 ft.* * Heights over 35 ft. subject to additional setback of 4 additional feet. • Unlike the City of Wilmington, New Hanover County provides two subdivision options: conventional and performance. The City of Wilmington only allows conventional subdivisions. In this type of residential development, lots must meet specific size requirements, and structures must meet specific setbacks. Performance subdivisions do not have these standards —only a maximum density and building separation requirements —which allows for clustering, townhome- style development, and condominium ownership. • The majority of current City of Wilmington lot requirements will be the same for lots subdivided under the county's conventional subdivision standards. However, lot size requirements consistent with the R -5 standards will be added for duplexes and 3 and 4 -unit attached buildings for clarity, and only the maximum density of 25 units /acre is listed. The county does not outline maximum single family densities for conventional subdivisions, as that is generally determined by open space requirements and the types of roadway infrastructure provided. • Under the county's performance standards, the RMF -MH district will allow a maximum density of 25 units per acre, the maximum density allowed in the city currently. The perimeter setback and building separation standards are common for all performance projects. • While the city allows building heights up to 96 feet in this district, this is taller than recommended for community mixed use places in the 2016 Comprehensive Plan. It recommends that buildings in this type of place be no more than 3 stories in height. The 45 ft. maximum should allow for most building types and is based on the City of Raleigh code, which includes both story and maximum height requirements. Staff will be working with our consultants to further refine height standards in future phases of this project. • The maximum lot coverage is not included in the proposed text amendment —NHC does not currently regulate residential site development in this way, relying on lot setback requirements and subdivision stormwater standards. 06 -2019 Board of Commissioners Version Board of Commissioners -July 1, 2019 ITEM: 13- 4 - 7 USE PERMISSIONS Current City of Wilmington Permissions Uses Permitted by Right Proposed NHC Permissions Uses Permitted by Right 8 • Dwellings, attached (including townhouses) • Single Family Dwelling • Dwellings, duplex, triplex, and quadraplex • Duplex • Dwellings, multifamily • Single Family Dwelling— Attached • Dwellings, single - family detached 0 Golf Courses • Golf courses, public or private, with related services 0 Parks & Recreation Area • Parks and recreation areas, municipal • Home Occupation • Recreation facility, neighborhood • Government Offices and Buildings* • Quad -unit apartment • Group Home* • Libraries * Uses Permitted w /Additional Standards • Churches* • Government uses outside public rights -of -way, except office uses, but • Residential Care* including buildings occupied or operated by federal, state, county and /or • Accessory Buildings or Uses, clearly incidental to the permitted use or municipal government on land owned or leased by a government body building (including Property restricted real estate office uses) • Group home supportive, small • Amateur Radio Antennas (up to 90 ft.) • Group home supportive, medium • Antenna & Towers less than 70 ft. in height & ancillary to principal use • Group home supportive, large • Cellular & PCS Antenna* • Libraries • Electric /Gas & Sanitary Services • Religious institutions • Family Child Care Home* • Telecommunication facility, unattended • Accessory Dwelling Unit • Utility stations and plants outside public rights -of -way that don't create • Agricultural Uses excessive noise, odor, smoke, dust, and that do not possess other • Telephone & Telegraph Facilities objectionable characteristics • Private Residential Boating Facility • Property restricted real estate office • Special Fundraising for Non- Profit Organizations* • Family care home 0 Evangelistic and Religious Assemblies not Conducted at a Church* • Homestay lodging • Residential Private Pier • Temporary Sign Uses Permitted w /Special Use Permit • Temporary Relocation Housing* • Community center • Day care, adult or child • Dormitory, private • Fraternity and sorority houses • Group day facility • Planned unit development • Recreation facility, private • Schools, primary and secondary • Assisted living residence Permitted Accessory Uses & Structures • Accessory apartment, detached • Home occupation • Kennel, private • Swimming pool Commentary: Uses Permitted w / Special Use Permit • Community Center • Adult Day Care • Child Day Care • Fraternities /Sororities, Residential • Elementary & Secondary Schools • Indoor Recreation Establishment • Outdoor Recreation Establishment • Senior Living: Assisted Living or Personal Care Facility • Electric Substation • Other Communication Facilities including Towers • Commercial Marina • Nursing Home /Rehabilitation Center • Cemeteries • Community Boating Facility • Recycling Facilities: Small Collection • Because the city and county do not have the same list of uses, the city's permissions have been translated as closely as possible to the closest county term. In addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permissions include: • Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The reference for the supplemental standards will be provided on the table, which is the county's current practice. Uses with a * have additional standards in the city, but the applicable standards are covered by general site design standards in the county and will be permitted without supplemental standards in the district. • These uses and /or permissions are specific to the city code and are not proposed to be added to the county's list of uses. • This use is permitted by the city but is not historically allowed in zoning districts of this type in the county's jurisdiction. It will not be included in the county RMF -MH district. • While not included in the city's MF -MH district, these uses are generally allowed in similar county districts with these levels of permission. They will be allowed in the county's RMF -MH district. • These uses generally have different permissions in the county than they do in the city. In the NHC districts, permissions will be in -line with those of similar districts. • This use will be added to the county's list of uses. 06 -2019 Board of Commissioners Version Board of Commissioners -July 1, 2019 ITEM: 13- 4 - 8 INTENT STATEMENT Proposed Intent Statement The RMF -H district is established for high- density residential development of varying types and designs, with emphasis on midrise and high -rise structures. This district is designed to be located in close proximity to major population centers, areas identified for targeted growth, employment centers, and destination nodes. Commentary: • This district is based on Wilmington's MF -H district and is intended for urban mixed use places, especially those identified as nodes for targeted growth and density. DIMENSIONAL REQUIREMENTS Current City of Wilmington Requirements Minimum Lot Size 3,000 sf detached single family 4 additional ft. for each 10 ft. increment, or portion thereof 15,000 sf multi - family Maximum Density 15 units /acre detached single family 8 ft. for each 10 ft. increment 36 units /acre multi - family Minimum Lot Width 40 ft. detached single family Minimum Lot Width 40 ft. detached single family all attached single family, duplexes, 3 -unit & 4 —unit attached (including duplexes, 3 -unit, 4 —unit) Front Setback (minimum) 80 ft. multi - family Maximum Lot Coverage 50% detached single family Rear Setback (minimum) 15 ft. detached single family all attached single family, duplexes, 3 -unit & 4 —unit attached (including duplexes, 3 -unit, 4 —unit) Side, Interior Setback (minimum) 35% multi - family Front Setback (minimum) 15 ft. detached single family Side, Street Setback (minimum) 10 ft. detached single family all attached single family, duplexes, 3 -unit & 4 —unit attached (including duplexes, 3 -unit, 4 —unit) Maximum Density 30 ft. multi - family Rear Setback (minimum) 15 ft. detached single family 20 ft. Building Separation between all attached single family, detached single family (including duplexes, 3 -unit, 4 —unit) 20 ft. 25 ft. multi - family Interior Side Setback (minimum) 5 ft. detached single family dwellings all attached single family, Structure Size (maximum) (including duplexes, 3 -unit, 4 —unit) 20 ft. multi - family Corner Side Setback (minimum) 10 ft. detached single family all attached single family, (including duplexes, 3 -unit, 4 —unit) 30 ft. multi - family Maximum Height 96 ft.* * Heights over 35 ft. subject to additional setbacks Additional Setbacks for Buildings >35 ft. in Height First 10 ft. above 35 ft. 4 additional ft. for each 10 ft. increment, or portion thereof 10.1 to 30 ft. above 35 ft. 6 ft. for each 10 ft. increment 30.1 ft. or more above 35 ft. 8 ft. for each 10 ft. increment Commentary: Proposed NHC Requirements Conventional Subdivision Lots (specifies minimum lot sizes) Minimum Lot Size 3,000 sf detached single family 6,000 sf duplex 9,000 sf 3 -unit attached single family 12,000 sf 4 -unit attached single family 15,000 sf multi - family (5+ attached units) Minimum Lot Width 40 ft. detached single family duplexes, 3 -unit & 4 —unit attached 80 ft. multi - family Front Setback (minimum) 15 ft. detached single family duplexes, 3 -unit & 4 —unit attached 30 ft. multi - family Rear Setback (minimum) 15 ft. detached single family duplexes, 3 -unit & 4 —unit attached 25 ft. multi - family Side, Interior Setback (minimum) 5 ft. detached single family duplexes, 3 -unit & 4 —unit attached 20 ft. multi - family Side, Street Setback (minimum) 10 ft. detached single family duplexes, 3 -unit & 4 —unit attached 30 ft. multi - family Maximum Density 36 units /acre Performance Subdivision Lots (no minimum lot sizes, allows clustering) Maximum Density 36 units /acre Perimeter Setbacks 20 ft. Building Separation between 10 ft. detached single family Building Separation between 20 ft. detached single family and duplex Building Separation between 3 +- 20 ft. unit attached and all other dwellings Structure Size (maximum) 3 stories, with a maximum of 45 ft.* * Heights over 35 ft. subject to additional setback of 4 additional feet. • Unlike the City of Wilmington, New Hanover County provides two subdivision options: conventional and performance. The City of Wilmington only allows conventional subdivisions. In this type of residential development, lots must meet specific size requirements, and structures must meet specific setbacks. Performance subdivisions do not have these standards —only a maximum density and building separation requirements —which allows for clustering, townhome- style development, and condominium ownership. • The majority of current City of Wilmington lot requirements will be the same for lots subdivided under the county's conventional subdivision standards. However, lot size requirements have been added for duplexes and 3 and 4 -unit attached buildings for clarity (same as single family minimum lot size per unit), and only the maximum density of 36 units /acre is listed. The county does not outline maximum single family densities for conventional subdivisions, as that is generally determined by open space requirements and the types of roadway infrastructure provided. • Under the county's performance standards, the RMF -H district will allow a maximum density of 36 units per acre, the maximum density allowed in the city currently. The perimeter setback and building separation standards are common for all performance projects. • While the city allows building heights up to 96 feet in this district, this is taller than recommended for community mixed use places in the 2016 Comprehensive Plan. It recommends that buildings in this type of place be no more than 3 stories in height. The 45 ft. maximum should allow for most building types and is based on the City of Raleigh code, which includes both story and maximum height requirements. Staff will be working with our consultants to further refine height standards in future phases of this project. • The maximum lot coverage is not included in the proposed text amendment —NHC does not currently regulate residential site development in this way, relying on lot setback requirements and subdivision stormwater standards. 06 -2019 Board of Commissioners Version Board of Commissioners -July 1, 2019 ITEM: 13- 4 - 9 USE PERMISSIONS Current City of Wilmington Permissions Uses Permitted by Right Proposed NHC Permissions Uses Permitted by Right lift • Dwellings, attached (including townhouses) • Single Family Dwelling • Dwellings, duplex, triplex, and quadraplex • Duplex • Dwellings, multifamily • Single Family Dwelling— Attached • Dwellings, single - family detached 0 Golf Courses • Golf courses, public or private, with related services 0 Parks & Recreation Area • Parks and recreation areas, municipal • Home Occupation • Recreation facility, neighborhood • Government Offices and Buildings* • Quad -unit apartment • Group Home* • Libraries Uses Permitted w /Additional Standards • Churches* • Government uses outside public rights -of -way, except office uses, but • Residential Care* including buildings occupied or operated by federal, state, county and /or Accessory Buildings or Uses, clearly incidental to the permitted use or municipal government on land owned or leased by a government body building (includes Property restricted real estate office use) • Group home supportive, small • Amateur Radio Antennas (up to 90 ft.) • Group home supportive, medium • Antenna & Towers less than 70 ft. in height & ancillary to principal use • Group home supportive, large • Cellular & PCS Antenna* • Libraries • Electric /Gas & Sanitary Services • Religious institutions • Family Child Care Home* • Telecommunication facility, unattended • Accessory Dwelling Unit • Utility stations and plants outside public rights -of -way that don't create • Agricultural Uses excessive noise, odor, smoke, dust, and that do not possess other • Telephone & Telegraph Facilities objectionable characteristics • Private Residential Boating Facility • Property restricted real estate office • Special Fundraising for Non - Profit Organizations* • Family care home • Evangelistic and Religious Assemblies not Conducted at a Church* • Homestay lodging • Residential Private Pier • Temporary Sign Uses Permitted w /Special Use Permit • Temporary Relocation Housing* • Community center Uses Permitted w /Special Use Permit • Day care, adult or child • Dormitory, private • Community Center • Fraternity and sorority houses • Adult Day Care • Group day facility • Child Day Care • Planned unit development • Fraternities /Sororities, Residential • Recreation facility, private • Elementary & Secondary Schools • Schools, primary and secondary • Indoor Recreation Establishment • Assisted living residence • Outdoor Recreation Establishment • Senior Living: Assisted Living or Personal Care Facility Permitted Accessory Uses & Structures • Electric Substation • Other Communication Facilities including Towers • Accessory apartment, detached • Commercial Marina • Home occupation • Nursing Home /Rehabilitation Center • Kennel, private • Cemeteries • Swimming pool • Community Boating Facility • Recycling Facilities: Small Collection Commentary: • Because the city and county do not have the same list of uses, the city's permissions have been translated as closely as possible to the closest county term. In addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permissions include: • Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The reference for the supplemental standards will be provided on the table, which is the county's current practice. Uses with a * have additional standards in the city, but the applicable standards are covered by general site design standards in the county and will be permitted without supplemental standards in the district. • These uses and /or permissions are specific to the city code and are not proposed to be added to the county's list of uses. • This use is permitted by the city but is not historically allowed in zoning districts of this type in the county's jurisdiction. It will not be included in the county RMF -H district. • While not included in the city's MF -H district, these uses are generally allowed in similar county districts with these levels of permission. They will be allowed in the county's RMF -H district. • These uses generally have different permissions in the county than they do in the city. In the NHC districts, permissions will be in -line with those of similar districts. • This use will be added to the county's list of uses. 06 -2019 Board of Commissioners Version Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 10 INTENT STATEMENT Proposed Intent Statement The intent of the Community Business district is to provide for the development, growth, and continued operation of businesses that serve surrounding single and multi - family residential neighborhoods with goods and services needed for a variety of daily and long -term purposes. Community Business districts should be designed in a format and scale that is accessible to both vehicles and pedestrians. Community Business should be located within New Hanover County at intersections and along streets that will allow multiple neighborhoods access to the district's businesses. Community Business zoning can serve as a buffer between higher density /intensity development and moderate or low density multi - family and single family neighborhoods. Commentary: III • The county currently has two business districts: B -1, which is intended for very small -scale uses at neighborhood nodes, and B -2, which is for auto - oriented uses that serve the region. This district is based on Wilmington's CB district and would provide a designated zone for mid -level business uses that serve multiple neighborhoods and need to be located close to residential neighborhoods. This district would allow retail, offices, and services in stand -alone buildings no larger than 60,000 ft' in size (about the size of a grocery store). DIMENSIONAL REQUIREMENTS Current City of Wilmington Requirements Minimum Lot Size % acre Minimum Lot Width 80 ft. Maximum Lot Coverage 30% Front Setback (minimum) 20 ft. Rear Setback (minimum) 10 ft. generally 25 ft. when abutting residential district Interior Side Setback (minimum) 0 ft. generally 20 ft. when abutting residential district Corner Side Setback (minimum) 20 ft. Maximum Height 45 ft. Maximum Number of Stories 3 Maximum Floor Area per Development Site 100,000 ft2 * For every foot of increased height of structures over 20 ft., interior side and rear setbacks shall be increased at a 1:1 ratio where abutting a residential district Commentary: Proposed NHC Requirements Lot & Setback Requirements Minimum Lot Size % acre Minimum Lot Width 80 ft. Front Setback (minimum) 20 ft. Rear Setback (minimum) 10 ft. generally 25 ft. when abutting residential district Interior Side Setback (minimum) 0 ft. generally 20 ft. when abutting residential district Corner Side Setback (minimum) 20 ft. Structure Size (maximum) Height 3 stories, with a maximum of 45 ft.* Floor Area per Development Site 100,000 ft, * Heights over 35 ft. subject to additional setbacks and bufferyards of 4 ft. • Most of the current City of Wilmington lot size, setback, and structure size requirements will be the same for the county's CB district. The maximum lot coverage standard is not included —NHC does not currently regulate site development in this way, relying instead on setback, landscaping, and buffering requirements. • Unlike in the City of Wilmington, CB zoning in the county is likely to be applied for individual lots rather than large districts, increasing the chance that the district will be immediately adjacent to residential properties. The 1:1 setback increase would constrain new development under a CB designation, though this district is intended to provide for commercial uses appropriate —and desirable— adjacent to residential neighborhoods. The proposed setbacks — typical for multi - family and lower- intensity commercial districts in the city —will increase the likelihood of CB development but not sacrifice quality of life for nearby homes. 06 -2019 Board of Commissioners Version Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 11 USE PERMISSIONS Current City of Wilmington Permissions Uses Permitted by Right • Amusement and recreation services, indoor • Assembly hall • Banking services • Contractor, general or special trade with no outdoor storage • Convenience food stores • Funeral home and crematory • Gun sales, including repair • Laboratories, testing • Limited price variety stores less than 10,000 ftz • Liquor stores • Marinas • Motels and hotels • Movie theaters • Offices, medical • Offices, professional • Parks and recreation areas, municipal • Personal services • Post office • Residential hotels • Restaurants, standard • Restaurants, fast -food carry -out • Retail sales establishments • Schools, trade, correspondence and vocational • Spas and health clubs • Upholstery and furniture repair • Veterinary services with enclosed pens • Community Center • Recreation facility, private • Artists, commercial including silk screening • Furniture stores • Automobile parts and supply stores Uses Permitted w /Additional Standards • Automotive services, except repair and towing service • Automobile renting and leasing • Auxiliary uses and wares • Bowling alleys and pool halls • Commercial parking lots • Governmental uses outside public rights -of -way, except offices • Group home supportive, large • Libraries • Mini - warehousing • Historic mixed -use buildings • Motion pictures production and distribution • Religions institutions • Residential uses as allowed in Commercial District Mixed Use • Residential unit contained within principal use • Service stations • Shopping centers • Skating rink, ice or roller • Telecommunication facilities, unattended • Tire dealers and service • Utility stations and plants outside public rights -of -way • Kennels, commercial boarders and breeders • Electronic gaming establishments • Day care, adult or child • Breweries, microbreweries • Artisan food and beverage producers • Homestay lodging • Whole -house lodging Uses Permitted w /Special Use Permit • Assisted living residence • Group day facility • Group home supportive, small • Group home residential • Nursing homes • Communication facilities Permitted Accessory Uses & Structures • Internal services facilities incidental to permitted uses • Shipping containers, permanent off - chassis Commentary: ii" Proposed NHC Permissions Uses Permitted by Right • Indoor Theater • Lodges, Fraternal, & Social Organizations • Banks, Credit Agencies, Savings & Loans • Business Services, including Printing • Special Trade & General Contractors with no Outside Storage • Convenience Food Store • Funeral Home • Laboratories, Testing • Commercial Marina • Hotels & Motels • Offices for Private Business & Professional Activities • Parks & Recreation Area • Barber /Beauty Shop • Personal Services • Watch, Clock, Jewelry Repair • Post Offices • Resort Hotel /Motel • Eating and Drinking Places • Retail Nurseries • Veterinaries • Community Center • Outdoor Recreation Establishments • Handcrafting Small Articles • Accessory Buildings or Uses, clearly incidental to the permitted use or building • Artisan Manufacturing* • Automobile Service Station* • Automobile Rentals* • Government Offices and Buildings* • Libraries* • Motion Pictures Production and Distribution • Churches* • Electrical Substation* • Kennels* • Electronic Gaming Operations* • Adult Day Care* • Child Care Center* • Indoor Recreation Establishments • Commercial Parking Lot • Landscaping Service* • General Merchandise Store* • Apparel & Accessory Store* • Drug Store* • Food Stores* • Furniture, Home Furnishing, & Equipment* • Hardware* • Neighborhood Drug Store* • Miscellaneous Retail* • Retail Nurseries* • Amateur Radio Antennas (up to 90 ft.) • Antenna & Towers less than 70 ft. in height & ancillary to principal use • Cellular & PCS Antennas* • Electric /Gas & Sanitary Services • Agricultural Uses • Telephone & Telegraph Facilities • Wholesale Nurseries & Greenhouses • Museums • Christmas Tree Sales* • Special Fundraising for Non - Profit Organizations* • Evangelistic and Religious Assemblies not Conducted in a Church* • Pumpkin Sales* • Recycling Facilities: Small collection* • Temporary Signs • Temporary Relocation Housing* Uses Permitted w /Special Use Permit • Dwelling Unit Contained within Principal Unit • Senior Living: Assisted Living or Personal Care Facility e dome • Nursing Home /Rehabilitation Center • Family Child Care Home • Other Communication Facilities including Towers • Because the city and county do not have the same list of uses, the city's permissions have been translated as closely as possible to the closest county term. In addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permissions include: o This use will be added to the county's list of uses. • These uses generally have different permissions in the county than they do in the city. In the NHC district, permissions will be in -line with those of similar districts. • This use is permitted by the city but will not be included in the county CB district. • These uses and /or permissions are specific to the city code and are not proposed to be added to the county's list of uses. • This use is already allowed in the county but is not listed as a specific use. • Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The reference for the supplemental standards will be provided on the table, which is the county's current practice. Uses with a * have additional standards in the city, but the applicable standards are covered by general site design standards in the county and will be permitted without supplemental standards in the district. • These uses are intended to have size requirements in order to meet intent of this district to provide for community - scaled businesses (no larger than 60,000 ft2) . Grocery stores would be allowed, but large format stores would be limited. o These uses are generally allowed in county business districts but not the city code. They will be allowed in the county's CB district. 06 -2019 Board of Commissioners Version Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 12 INTENT STATEMENT Proposed Intent Statement The Commercial Services district is established to accommodate a mixture of light manufacturing, wholesale, storage, commercial service and repair, and distributive business type uses. It functions as a support district to nearby intensive industrial and commercial uses. The district is designed to be act as a transitional land use between intensive industrial and commercial development and less intensive commercial, office, and institutional uses. Commentary: 13 • This district is modeled on the City of Wilmington's Commercial Services district. It would provide a clear place for the necessary businesses that aren't optimally located near residential neighborhoods, sometimes referred to as "heavy commercial." The uses in this district generally serve other businesses, such as contractors or fleet services, and may require outside storage of materials and parking for fleet vehicles or equipment. Currently, these types of uses are allowed in the B -2 district, which has limited its usefulness in the areas of the county with many residential neighborhoods. Providing a district specifically for these uses could help transition the B -2 district into more of a regional business zone by providing an optional zoning designation for these uses in areas not as visible or highly travelled as major roadway corridors. DIMENSIONAL REQUIREMENTS Current City of Wilmington Requirements Minimum Lot Area 7,500 ft2 Minimum Lot Width 65 ft. Maximum Lot Coverage n/a Front Setback (minimum) 35 ft. Rear Setback (minimum) 15 ft. generally 25 ft. when abutting residential district Interior Side Setback (minimum) 7 ft. generally 20 ft. when abutting residential district Corner Side Setback (minimum) 35 ft. Maximum Height 35 ft. * ** * For every foot of increased height of structures over 20 ft., interior side and rear setbacks shall be increased at a 1:1 ratio where abutting a residential district ** Building height may be increased when additional side and rear yards are provided in accordance with the following standards. The maximum height of any building shall be 96 ft. Height of Building Above 35 ft. First 10 ft. above 35 ft 10.1 to 30 ft. above 35 ft 30.1 or more above 35 ft Commentary: Additional Side and Rear Yard 4 ft. for each 10 -foot increment, or portion thereof 6 ft. for each 10 -foot increment 8 ft. for each 10 -foot increment Proposed NHC Requirements Lot Requirements Lot area, minimum 7,500 ft' Lot width, minimum 65 ft. Setbacks (minimum) —see Additional Yard Standards for building over 35 ft. in height Front 35 ft. Side, street 25 ft. along highways & major thoroughfares 17.5 ft. along all other public highways or streets Side, interior 7 ft. generally 30 ft. when abutting residential district Rear 15 ft. generally 35 ft. when abutting residential district Structure Size (maximum) Height * Heights over 35 ft. subject to additional setback and bufferyard of 4 ft. • All current City of Wilmington lot size requirements will be the same for the county's CS district. • Unlike in the City of Wilmington, CS zoning in the county is likely to be applied to individual lots rather than large districts, and the 35 ft. corner (or street) side setback may constraint lots' development potential to the point where the usefulness of a CS designation is limited. Instead, the current street side setbacks of the B -2 district are proposed, as they have worked successfully in the county's jurisdiction for uses similar to those allowed in this district. • The height of structures in the county district will be limited to 40 ft. This is the current height limit for the county's B -2 and Light Industrial districts, which allow many of the same uses intended for the CS district. Staff will be working with our consultants to further refine height standards in future phases of this project. • Unlike in the City of Wilmington, CS zoning in the county is likely to be applied to individual lots rather than large districts. A 1:1 setback increase could constrain new development under a CS designation, but due to the uses allowed in this district, the city's base setbacks could be increased to reduce potential effects on adjacent residential properties. The same setback minimums currently required in B -2, where many of the uses proposed for CS currently are located, is proposed instead, with the additional setback and bufferyard typical for taller multi - family and lower- intensity commercial districts in the city. 06 -2019 Board of Commissioners Version Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 13 USE PERMISSIONS Current City of Wilmington Permissions Uses Permitted by Right • Amusement and recreation services, indoor • Artists, commercial including silk screening • Assembly hall • Automobile and truck dealers, new and used • Automobile care center • Automobile parts and supply store • Automobile renting and leasing • Automobile repair shops • Automotive services, except repair and towing • Banking services • Building materials dealers • Bus and taxi service • Business services • Carpet and upholstery cleaners (on customer's premises) • Chimney and furnace cleaning • Clothing and other finished fabric products (SIC 23) • Contractors, general or special trade, with no outdoor storage • Community center • Contractor's equipment and supply dealers and service, with no outdoor storage • Convenience food stores • Divers, commercial • Drive -in theater • Electric motor repair shop • Electrical and electronic machinery, equipment and supplies (SIC 3699) • Exterminating services, dwellings and other buildings • Fabricated metal products, except boiler shops, machinery and transportation products; metal coating; engraving and allied services; metal forgings screw machine products; steel, wire, and pip structural metal products; and ordnance • Fishing, commercial • Funeral home and crematory • Furniture and other home furnishings stores • Gun sales, including repair • Janitor services • Launders, industrial • Leather and leather products, excluding tanning • Liquor stores • Lumber and wood products, except furniture (SIC 24) • Manufactured housing dealers • Marinas • Measuring, analyzing and controlling instruments; photographic, medical and optical goods; watches and clocks (SIC 38) • Motion pictures production and distribution • Motorcycle dealers • Movers, van lines and storage • Movie theaters, except drive -in • Nightclubs • Offices, medical • Offices, professional • Package delivery services, commercial • Parks and recreation areas, municipal • Personal services • Post office • Railroad facilities, including passenger and freight stations outside of railroad rights -of -way • Recreational vehicles and utility trailer dealers • Repair shops �. • Research and development laboratories • Restaurant, fast -food carryout , • Restaurant, standard (sit -down) • Retail sales establishments • Sales office, off premises, not retail • Schools, trade, correspondence, and vocational • Ship chandlers • Shipping brokers, freight and cargo, without storage • Small engine repair, except automotive • Upholstery and furniture repair • Used merchandise store, except automotive goods • Veterinary services with enclosed pens • Veterinary services with open pens • Water transportation • Welding repair • Recreational facility, private • Candy and other confectionary products, manufacturing, and warehousing (SIC 206) • Internal services facilities incidental to permitted uses Commentary: • Because the city and county do not have the same list of uses, the city's permissions have been translated as closely as possible to the closest county term. In addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permissions include: o These uses and /or permissions are specific to the city code and are not proposed to be added to the county's list of uses. o Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The reference for the supplemental standards will be provided on the table, which is the county's current practice. Uses with a * have additional standards in the, but the applicable standards are covered by general site design standards in the county and will be permitted without supplemental standards in the district. o This use will be added to the county's list of uses as part of this amendment. Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 14 14 Proposed NHC Permissions Uses Permitted by Right • Indoor Recreation Establishment* • Handcrafting Small Articles • Indoor Theater • Lodges, Fraternal, & Social Organizations • Automobile Dealers & Truck Sales • Automobile Service Station • Automobile Rentals • Automobile /Boat Repair Sales • Banks, Credit Agencies, Savings & Loans • Business Services, including Printing • Building Material and Garden Supplies • Bus & Taxi Terminals • Special Trade Contractors* • Cut and Sew Apparel Manufacturing (NAICS 3152) • Apparel Accessories and Other Apparel Manufacturing (NAICS 3159) • Special Trade & General Contractors with no Outside Storage • Community Center • Equipment Rental & Leasing* • Convenience Food Store • Drive -In Theater • Commercial and Service Industry Machinery Manufacturing (NAICS 3333) • Engine, Turbine, and Power Transmission Equipment Manufacturing (NAICS 3336) • Other General Purpose Machinery Manufacturing (NAICS 3339) • Electric Lighting Equipment Manufacturing (NAICS 3351) • Other Electrical Equipment and Component Manufacturing (NAICS 3359) • Funeral Home • Furniture, Home Furnishing, & Equipment • Dry Cleaning /Laundry Plan • Footwear Manufacturing (NAICS 3162) • Other Leather and Allied Product Manufacturing (NAICS 3169) • Mobile Home Dealers & Prefabricated Buildings • Commercial Marina* • Industrial Machinery Manufacturing (NAICS 3332) • Navigational, Measuring, Electromedical, and Control Instruments Manufacturing (NAICS 3345) • Medical Equipment and Supplies Manufacturing (NAICS 3391) • Other Miscellaneous Manufacturing (NAICS 3399) ® Motion Pictures Production and Distribution • Motor Freight Transportation Warehousing • Entertainment Establishments, Bars, Cabarets, Discos • Entertainment Establishments, Bars, Cabarets, in a Shopping Center • Offices for Private Business & Professional Activities • Parks & Recreation Areas • Barber /Beauty Shop • Personal Services • Watch, Clock, Jewelry Repair • Post Offices • Railroad Transportation • Research Facilities • Eating and Drinking Places • Apparel & Accessory Store • Drug Store • Food Stores • General Merchandise Stores • Hardware • Miscellaneous Retail • Neighborhood Drug Store • Retail Nurseries • Colleges, Universities, Professional Schools, & Technical Institutions • Repair Shop • Veterinaries • Kennels* • Water Transportation Facilities • Outdoor Recreation Establishments • Sugar and Confectionary Product Manufacturing (NAICS 3113) • Accessory Buildings or Uses, clearly incidental to the Permitted Use or Building • Commercial Parking Lot • Amateur Radio Antennas (up to 90 ft.) • Antenna & Towers less than 70 ft. in height • Cellular & PCS Antennas* • General Building Contractor* • General Contractors Other than Building* • Landscaping Contractors* • Special Trade Contractors* • Mini - Warehouses* • Churches* • Dwelling Unit Contained within Principal Use* • Warehousing* • Wholesaling* • Wholesaling with No Outdoor Storage • Electronic Gaming Operations* • Artisan Manufacturing* (continued on next page) Current City of Wilmington Permissions Proposed NHC Permissions `p Uses Permitted w /Additional Standards Proposed NHC Uses Permitted by Right continued • Auxiliary uses and wares • Laboratories, testing • Bowling alleys and pool halls • Agricultural Uses • Commercial parking lots • Wholesale Nurseries & Greenhouses • Communication facilities • Dry Stack Storage of Boats as a stand -alone warehouse • Contractor's storage yard • Dry Stack Storage of Boats as accessory to a marina • Contractors, general or special trade with outdoor storage • Recreational Vehicle and Boat Trailer Storage Lots • Governmental uses outside public rights -of -way • Electric /Gas & Sanitary Services • Group home supportive, large • Electric Substations • Group home supportive, medium • Telephone & Telegraph Facilities • Kennel, commercial boarders and breeders • TV & Radio Broadcasting • Mini - warehousing • Boat Dealers • Historic mixed -use buildings • Farm Implement Sales • Religious institutions • Landscaping Service • Residential unit contained within a primary use • Electrical Repair Shop • Service stations • Septic Tank Vacuum Service • Shopping center • Christmas Tree Sales* • Skating rink, roller and ice • Circuses, Carnivals, Fairs & Side Shows of No More than 30 Days Duration per Year • Telecommunication facility, unattended • Evangelistic and Religious Assemblies not Conducted in a Church* • Tire dealers and service • Government Offices and Buildings • Utility stations and plants outside public rights -of -way (public and private) including • Pumpkin Sales* lift stations, substations, pump stations, etc. • Principal Use Sign • Warehousing, general • Special Fundraising for Non - Profit Organizations* • Wholesale trade • Temporary Sign • Electronic gaming establishments • Recycling Facilities: Small Collection • Brewers, small regional and microbreweries • Recycling Facilities: Large Collection • Artisan food and beverage producers (defined as confectionaries, coffee roasteries, • Temporary Relocation Housing* etc.) Uses Permitted w /Special Use Permit Uses Permitted w /Special Use Permit • Group Home • Group day facility • Other Communication Facilities Including Towers • Group home residential • Textile Furnishings Mills (NAICS 3141) • Group home supportive, small • Other Textile Product Mills (NAICS 3149) • Apparel Knitting Mills (NAICS 3151) Permitted Accessory Uses & Structures • Sawmill and Wood Preservation (NAICS 3211) • Internal services facilities incidental to permitted uses • Veneer, Plywood, and Engineered Wood Product Manufacturing (NAICS 3212) • Shipping containers, permanent off chassis • Other Wood Product Manufacturing (NAICS 3219) • Other Fabricated Metal Product Manufacturing (NAICS 3329) • Ventilation, Heating, Air - Conditioning, and Commercial Refrigeration Equipment Manufacturing (NAICS 3334) Commentary: • Recycling Facilities: Processing • Recycling Facilities: Large Collection with Processing • Because the city and county do not have the same list of uses, the city's • Animal Food Manufacturing (NAICS 3111) permissions have been translated as closely as possible to the closest county • Grain and Oilseed Milling (NAICS 3112) term. In addition, the authorities and historic use permissions of the city • Fruit and Vegetable Preserving and Specialty Food Manufacturing (NAICS 3114) and the county are not exactly the same. As a result, some anticipated • Dairy Product Manufacturing (NAICS 3115) changes to permissions include: • Seafood Product Preparation and Packaging (NAICS 3117) • Bakeries and Tortilla Manufacturing (NAICS 3118) o Uses with an asterisk* will be shown as permitted on the NHC 0 Other Food Manufacturing (NAICS 3119) Table of Permitted Uses, but they have supplemental standards in • Beverage Manufacturing (NAICS 3121) this district. The reference for the supplemental standards will be • Printing and Related Support Activities (NAICS 3231) provided on the table, which is the county's current practice. • Cutlery and Handtool Manufacturing (NAICS 3322) • Hardware Manufacturing (NAICS 3325) o This use will be added to the county's list use as part of this • Spring and Wire Product Manufacturing (NAICS 3326) amendment. • Agriculture, Construction, and Mining Machinery Manufacturing (NAICS 3331) o These uses and /or permissions are specific to the city code and are • Metalworking Machinery Manufacturing (NAICS 3335) not proposed to be added to the county's list of uses. . Computer and Peripheral Equipment Manufacturing (NAICS 3341) Communications Equipment Manufacturing (NAICS 3342) o These uses generally require a special use permit in similar county • Audio and Video Equipment Manufacturing (NAICS 3343) districts but not in the city. In the county's CS district, they will • Semiconductor and Other Electronic Component Manufacturing (NAICS 3344) require an SUP • Manufacturing and Reproducing Magnetic and Optical Media (NAICS 3346) • Household Appliance Manufacturing (NAICS 3352) o These uses are generally allowed in similar county districts with • Electrical Equipment Manufacturing (NAICS 3353) these permit requirements. • Household and Institutional Furniture and Kitchen Cabinet Manufacturing (NAICS 3371) • Office Furniture (including Fixtures) Manufacturing (NAICS 3372) • Other Furniture Related Product Manufacturing (NAICS 3379) DISTRICT SPECIFIC REQUIREMENTS Lighting: All new construction where exterior site lighting is provided shall observe the following limitations as to height: A. Unrestricted lighting: 10 ft. B. Ninety- degree cutoff lighting: 15 ft. In no case shall lighting for new construction be located or installed so as to shine directly onto residential premises. Commentary: • This is the same site lighting standard required in the city's CS district. 06 -2019 Board of Commissioners Version Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 15 INTENT STATEMENT Proposed Intent Statement The UMXZ district is established to meet the following five primary objectives in the areas of New Hanover County in proximity to the City of Wilmington and those intended for urban- or community -scale mixed use development: 1. To encourage the efficient mixed use development pattern envisioned in the comprehensive plan; 2. To result in quality design and a variety of built forms of lasting value that result in a pedestrian scale; 3. To provide a mix of housing options; 4. To promote and enhance transportation options, particularly those that are pedestrian- oriented, while reducing demand for automobile trips; and 5. To encourage a mix of uses to foster a sense of community. The district regulations include design elements intended to enhance the urban form, increase lity neighborhood safety, and add flexibility for small lots. Integrated mix of uses on development sites and within individual buildings is encouraged. UMXZ zoning is intended to promote mixed -use developments on sites large enough to create a mix of uses within the existing suburban environment. Typically, these developments will include creative development and redevelopment solutions. Commentary: Each of New Hanover County's current mixed use districts— Riverfront Mixed Use, Exceptional Design Zoning (EDZD), and Planned Development —are intended for very specific types of development. Riverfront Mixed Use projects are only allowed on properties along the Cape Fear River, EDZD allows a mix of uses in return for more stringent development siting and design requirements, and Planned Development is intended for large, undeveloped parcels under common ownership. The county does not have a zoning district where the mixing of uses is allowed and encouraged on smaller infill lots or as part of a redevelopment. However, this type of development is a major goal of the 2016 Comprehensive Plan. The City of Wilmington's UMX district was originally developed to allow complementary infill and redevelopment of the city's South Side and was later applied to other properties throughout the city. Its focus on development form and consistency with plan - envisioned development patterns could assist in creating the urban mixed use and community mixed use places depicted in the county's Future Land Use Map. DIMENSIONAL REQUIREMENTS Current City of Wilmington Requirements (outside of 1945 corporate limits) Proposed NHC Requirements Minimum District Size 5 acres Maximum Building Height Along arterial streets, 4 stories or 45 ft.* Minimum from single - family Along residential & collector streets, 2 stories residential zoning districts or 35 ft. Along arterial or internal collector streets, 5 stories or 55 ft. if structured parking is Maximum from any street provided within the project Minimum Setback from 35 ft. for buildings <_ 35 ft. in height Single - Family Zoning Districts 45 ft. for buildings 36 -45 ft. in height 45 ft. for buildings 46 -55 ft. in height ** Height (maximum) OL 45 ft. for buildings 56 -75 ft. in height ** Maximum Setbacks 10 ft. Along arterial streets (front setbacks are not required along alleyways; TRC may waive strict adherence to Along residential & collector requirement where an existing easement or streets significant natural feature exists) Maximum Dwelling Units per Acre 15 single family 25 multi - family Density (maximum dwelling units /acre) n/a vertically integrated mixed -use building *May be increased 75 ft. with the issuance of a special use permit or entry into a development agreement ** Only applicable for properties along arterial or internal collector streets and when structured parking is provided Size Requirements Minimum District Size 5 acres Setbacks Minimum from single - family 35 ft. for buildings <_ 35 ft. in height residential zoning districts 45 ft. for buildings > 35 ft. in height 10 ft. (front setbacks are not required along Maximum from any street alleyways; TRC may waive strict adherence to requirement where an existing easement or significant natural feature exists) Height (maximum) OL 4 stories or 45 ft. by -right Along arterial streets 75 ft. with Additional Height Allowance special use permit Along residential & collector 2 stories or 35 ft. streets Along arterial & collector streets 5 stories or 55 ft. if structured parking is provided within project Density (maximum dwelling units /acre) Single Family Residential 15 Multi - Family Residential 25 Vertically integrated mixed -use building 36 Fommentary: • All current City of Wilmington standards will be the same for the county's UMXZ district, except that the density is capped at 36 units /acre for vertically integrated mixed -use buildings. This will ensure that projects remain consistent with the maximum density allowed in other county zoning districts. The development agreement provision is also not provided, as it is not set up in the county's zoning code. • As a note, this district can only be applied to a property as a conditional zoning district or with a conceptual plan. This will allow the Board of Commissioners to determine whether the project is at an appropriate scale. Projects in community mixed use areas or with lower current development intensities would not necessarily reach the height or density maximums allowed for within this district. It would be decided on a case -by -case basis. 06 -2019 Board of Commissioners Version Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 16 liWA USE PERMISSIONS NOTE: THE CITY'S UMX DISTRICT PERMITS ALL USES, UNLESS SPECIFICALLY PROHIBITED OR LISTED AS A SPECIAL USE. WHILE THE COUNTY USES A TABLE OF PERMITTED USES. AS A RESULT, THE USES LISTED BELOW ARE ORGANIZED DIFFERENTLY. Current City of Wilmington Permissions Prohibited Uses • Adult establishments • Electronic gaming • Garbage collection, private • Gas companies • Manufactured home sales • Motor freight companies • Movers, van lines, and storage • Nightclubs Uses Permitted w /Additional Standards • Auxiliary uses and wares • Communications facilities • Freestanding structured parking decks • Group home supportive, small, medium, large • Industrial uses in existing building • Utility stations and plants outside public rights -of -way, including lift stations, substations, pump stations, etc. • Breweries, small regional and microbreweries • Artisan food and beverage producers Commentary: • Because the city lists prohibited uses instead of permitted uses, it can be difficult to compare the permissions. In general, the uses prohibited by the city are also prohibited by the county, but some differences in terms apply: o The uses prohibited by the city and county include: ■ Adult Entertainment Establishments ■ Electronic Gaming Operations ■ Mobile Home Dealers & Prefabricated Buildings ■ Motor Freight Transportation Warehousing ■ Entertainment Establishments, Bars, Cabarets, Discos ■ Entertainment Establishments, Bars, Cabarets, in a Shopping Center 0 Additional uses will not be allowed in the county UMXZ district since it is not intended to apply primarily to previously developed industrial or heavy commercial areas, like the city's district. In general, these uses are ones only currently allowed in industrial districts or that are not appropriate in a more dense, urban or community setting: • Solar Power Farms • Junk Yards, Scrap Processing ■ Livestock Sales ■ Wholesaling (with outside storage) ■ Dry Cleaning /Laundry Plant ■ Electrical Repair Shop ■ Funeral Home ■ Demolition- Landscape Landfill ■ Camping, Travel Trailer Parks ■ Outdoor Shooting Ranges • Stables • Septic Tank Vacuum Service ■ Outdoor Advertising ■ Principal Use Sign • Automobile /Boat Repair Sales • Automobile Dealers & Truck Sales ■ Boat Dealers ■ Recreational Vehicles and Boat Trailer Storage Lots ■ Commercial Marina with Floating Structures ■ High Density Development (special use permit to allow greater residential density) ■ Manufactured Home ■ Manufactured Home, Doublewide ■ Manufactured Home Park ■ Manufactured Home Subdivision • Septage, Sludge Disposal • Recycling Facilities: Large Collection ■ Recycling Facilities: Processing • Recycling Facilities: Large Collection & Processing • All Manufacturing uses, except Artisan Manufacturing • All Intensive Manufacturing uses • The way the city's and county's terms are written require that these uses be included as permitted or special uses in the county's district. • Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The reference for the supplemental standards will be provided on the table, which is the county's current practice. • These uses will be added to the county's list of uses as part of this amendment. 06 -2019 Board of Commissioners Version Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 17 Proposed NHC Permissions Uses Permitted by Right • Agricultural Uses • Kennels* • Veterinaries • Wholesale Nurseries & Greenhouses • Special Trade & General Contractors with no Outside Storage • Air Transportation • Bus & Taxi Terminals • Commercial Marina* • Dry Stack Storage of Boats as a stand -alone warehouse • Dry Stack Storage of Boats as accessory to a marina • Mini - Warehouses • Post Offices • Railroad Transportation • TV & Radio Broadcasting • Warehousing • Water Transportation Facilities • Wholesaling with No Outside Storage • Apparel & Accessory Store • Building Material & Garden Supplies • Convenience Food Store • Drug Store • Neighborhood Drug Store • Eating and Drinking Places • Farm Implement Sales • Food Stores • Fruit & Vegetable Stand Produced on Same Parcel as Offered for Sale • Furniture, Home Furnishing, & Equipment • General Merchandise Stores • Handcrafting Small Articles • Hardware • Landscaping Service • Miscellaneous Retail • Retail Nurseries • Banks, Credit Agencies, Savings & Loans • Barber /Beauty Shop • Bed and Breakfast Inn • Business Services including Printing • Drive -In Theater • Golf Courses • Hotels & Motels • Indoor Recreation Establishments • Outdoor Recreation Establishments • Indoor Theater • Parks & Recreation Areas • Personal Services • Resort Hotel /Motel • Watch, Clock, Jewelry Repair • Adult Day Care* • Child Care Center • Community Center • Family Child Care Home* • Hospitals • Nursing Home /Rehabilitation Center • Residential Care • Colleges, Universities, Professional Schools, & Technical Institutions • Elementary & Secondary Schools • Libraries • Museums • Churches • Labor Organizations • Lodges, Fraternal & Social Organizations • Fraternities /Sororities, Residential • Private Residential Boating Facility • Duplexes • Dwelling Unit Contained within Principal Use* • Government Offices & Buildings • Home Occupation • Offices for Private Business & Professional Activities • Research Facilities • Residential Private Pier • Senior Living: Active adult retirement community or Independent Living • Senior Living: Assisted Living or Personal Care Facility • Senior Living: Continuing Care Retirement Community or Life Care Community • Single Family Dwelling • Single Family Dwelling- Attached • Recycling Facilities: Small Collection* • Temporary Relocation Housing* • Antenna & Towers less than 70 ft. in height and ancillary to the principal use • Cellular & PCs Antennas* • Amateur Radio Antennas (up to 90 ft.) • Group Home * • Electric /Gas & Sanitary Services* • Electric Substations* • Telephone & Telegraph Facilities • Artisan Manufacturing (includes small -scale breweries)* • Laboratories, testing • Commercial Parking Lots • Motion Pictures Production and Distribution • Accessory Buildings or Uses, clearly incidental to the permitted use or building • Christmas Tree Sales* • Circuses, Carnivals, Fairs & Side Shows of no more than 30 days duration per year • Evangelistic and Religious Assemblies not Conducted at a Church* • Special Fund Raising for Non - Profit Organization* • Temporary Sign Current City of Wilmington Permissions Uses Permitted w /Special Use Permit • Automobile renting and leasing • Automotive services and towing services • Communication facilities • Contractor equipment or supply dealers and service • Contractor storage yard • Dormitories, private • Drive - through services • Group day facility • Industrial and manufacturing uses greater than 10,000 square feet • Motor vehicle dealers, including automobiles, boat dealers, motorcycles, recreational vehicles, and utility trailers • Tire dealers and service • Group home residential Commentary: Proposed NHC Permissions Uses Permitted w /Special Use Permit • Automobile Rentals • Automobile Service Station • Other Communication Facilities including Towers • Equipment Rental & Leasing • General Building Contractor • General Contractors other than Building • Landscaping Contractors • Special Trade Contractors • Cemeteries • Community Boating Facility 18 • Because the city and county do not have the same list of uses, the city's permissions have been translated as closely as possible to the closest county term. In addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permissions include: o This use is permitted by the city but will not be included in the county UMXZ district. o These uses and /or permissions are specific to the city code and are not proposed to be added to the county's list of uses. o These uses are generally allowed in non - industrial county districts with these permit requirements. 06 -2019 Board of Commissioners Version Board of Commissioners -July 1, 2019 ITEM: 13- 4 - 18 19 DISTRICT SPECIFIC REQUIREMENTS 06 -2019 Board of Commissioners Version Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 19 Processed as a condition district subject to a conceptual site plan review Commentary: The city allows the UMX district to be processed either as a conditional district or a general rezoning subject to a Review Process conceptual site plan. To clarify how this would work given current county processes, the NHC UMXZ district is set up to be processed as a conditional district, and explicit conceptual site plan requirements are outlined to ensure too much specificity is not required at the rezoning stage. This will allow the boards the ability to review the mix or uses, heights, etc. of projects during consideration of the rezoning while supporting some flexibility. A mix of both residential and nonresidential uses is required, but no specific percentage formula is outlined. The mix for each Mix of Uses project could be different and would be reviewed at the rezoning phase. Commentary: This is the city's current requirement for UMX projects outside the 1945 corporate limits. - Equipment and fire escapes not allowed on building facades with street frontage. - Through -wall mechanical units allowed on any fagade if design and condensation drip system standards met. Utility and Equipment Screening - Equipment that can't be located out -of -sight must be screened. -TRC may approve alterations if criteria met. Commentary: These are the city's current requirements, but specific criteria is provided to guide TRC decisions. - Lighting must be located, shielded, etc. so no direct light is cast on adjacent properties and off -site backlighting and up- lighting is minimized Site Lighting -Light posts shall be no taller than 12 ft. Commentary: These are the city's current requirements. - Parking shall be provided in accordance with code's general parking standards, though shared parking is allowed subject to a parking study. - Surface parking lots must be located to side or rear of buildings and screened if visible from public right -of -way. TRC waivers are provided for in cases where this is not consistent with existing corridor frontage pattern. - Parking should be accessed via alleyways wherever possible. - Above -grade parking structures should be designed to relate to context of the area. Parking and Driveway Requirements - Pervious pavement materials, vegetated bio- infiltration parking lot islands, or infiltration systems must be used to minimize run- off to the extent that soil permeability, depth to groundwater, or site constraints allow. Commentary: The majority of the city's current parking design standards will be included in the county's UMXZ district. However, district - specific parking minimums will not be outlined, including bicycle parking. Parking minimums and other lot design standards will be considered during the targeted code updates that will be addressed in the next phases of this project. Provisions to ensure projects are compatible with existing NHC development patterns are also included. -Multi -modal transportation opportunities such as defined pedestrian circulation, sidewalks, bicycle and pedestrian connectivity to adjacent developments or existing or funded bike /pedestrian facilities, and internal grid with 400 ft. maximum blocks are required (though TRC may waive based on pre- defined criteria). - Street trees at the rate of 1 tree per 30 ft. frontage will be required. NCDOT approval will be required for public rights -of -way. -A minimum buffer of at least 20 ft. in width will be required adjacent to single - family residential zoning districts. -Other buffering and streetyard requirements can be exempted upon approval of TRC when contextual design constraints dictate or when other design and /or landscaping features meet the needs of the buffering or streetyard requirements. General Site Design -Trash containment areas shall be located within a building if possible or placed to rear and side and screened with an opaque fence. -Open wire fencing is prohibited, and front yard fences can be no taller than 4 feet. Commentary: The majority of site design standards in the county's UMXZ district are the same as the city's UMX standards outside the 1945 corporate limits. Some clarity regarding the criteria for TRC amendments and off -site bicycle and pedestrian facilities that must be connected to is provided. In addition, encroachment agreements for balconies and door swings are not specifically required, as interior sidewalks and pedestrian ways within the county are unlikely to be publically owned and /or maintained. - Primary entrances should be distinct and oriented toward sidewalks along primary street frontages. -Large expanses of flat, unadorned walls are prohibited, and fagades must incorporate architectural details and periodic transitions. - Building fagades exceeding 30 ft. in width along rights -of -way shall be divided into distinct areas utilizing methods such as offsets, pilasters, change in materials, fenestration, etc. Transitions shall be no further apart than 2/3 of the height of the fagade. -New building shall front onto sidewalks to reinforce pedestrian activity along streets and pedestrian ways. - Exterior burglar bars, fixed "riot shutters," or similar security devices shall not be visible from the public right -of -way. Building Design - Exterior building materials for all new nonresidential or multi - family structures shall be of quality finish materials. Structural metal panels or unparged or non - architectural, non - decorative concrete block shall be prohibited on fagades visible from the public right -of -way. Commentary: The majority of building design standards in the county's UMXZ district are the same as the city's UMX standards outside of historic districts. The language of some standards is amended slightly to reflect that not all sidewalks and streets will likely be publically owned and /or maintained and that UMXZ developments may not be located in already developed areas with a common architectural context. 06 -2019 Board of Commissioners Version Board of Commissioners - July 1, 2019 ITEM: 13- 4 - 19 INTENT STATEMENT Proposed Intent Statement The Planned Development district is established to encourage innovative land planning and site design concepts that support a high quality of life and achieve a high quality of development under an integrated development plan that would otherwise not be possible under general district requirements. It is designed to: 1. Create new planned development districts for specialized purposes where tracts are suitable in location, area, and character for development on a unified basis; 2. Promote economical and efficient patterns of land use that are sensitive to natural features; 3. Reduce automotive traffic congestion by a reasonably close relationship between origins and destinations of persons living, working, or visiting in such development; and 4. Encourage unified developments consistent with the goals of the county's Comprehensive Plan and compatible with surrounding land uses. -.-. -• s= 20 s Commentary: • This revised intent statement emphasizes that PD allows design flexibility not available in other districts and to remove language regarding requirements included elsewhere in the zoning ordinance. DIMENSIONAL REQUIREMENTS Current Requirements Minimum District Size 100 gross contiguous acres (common ownership or joint petition) Maximum Building Height 80 ft. (buildings located in Urban Mixed Use, Community Mixed Use, or Employment Center place types or along collector, minor arterial, or principal arterials) 40 ft. (residential, commercial, and District Periphery Building office and institutional structures located Setback elsewhere) District Periphery Building Setback 20' from district boundary Setback from Pedestrian & Bicycle 10 ft. Paths 10 ft. Setback along US and NC Numbered 50 ft. Highways and Major Thoroughfares 50 ft. Building Encroachment into Proposed 0 ft. Thoroughfare Rights -of -Way Single - Family Residential Building 10 ft. Separation (including accessory structures) from Other Residences Multi - Family Residential Building 20 ft. Separation (including accessory structures) from Any Other Building Land Use Mixture 30% non - residential maximum Fringe Use Area Requirements Fringe Use Area Width 200 ft. when adjacent to residential uses and /or platted residential lots Use Restrictions Exterior 100' residential uses only Interior 100' residential uses, rights - 30% non - residential maximum of -way, stormwater utilities, and active recreation areas Maximum Building Height 35 ft. Setback [Building Height] X 2.75 or 25 ft. (whichever is greater) Proposed Requirements Minimum District Size 10 gross contiguous acres (common ownership or joint petition) Maximum Building Height 80 ft. (buildings located in Urban Mixed Use, Community Mixed Use, or Employment Center place types or along collector, minor arterial, or principal arterials) 40 ft. (residential, commercial, and office and institutional structures located elsewhere) District Periphery Building 20' from district boundary for residential uses Setback Industrial uses must meet 1 -1 setbacks Commercial and office uses must meet CB setbacks Setback from Pedestrian & 10 ft. Bicycle Paths Setback along US and NC 50 ft. Numbered Highways and Major Thoroughfares Building Encroachment into 0 ft. Proposed Thoroughfare Rights -of -Way Single - Family Residential 10 ft. Building Separation (including accessory structures) from Other Residences Multi - Family Residential 20 ft. Building Separation (including accessory structures) from Any Other Building Land Use Mixture 30% non - residential maximum Commentary: • Reducing the size of the district minimum to 10 acres could increase the likelihood that PD will be used to create the types of mixed use developments envisioned in the Comprehensive Plan. Given the limited amount of large vacant tracts remaining in the county, the current 100 acre minimum limits the usefulness of the district. • The existing fringe use area requirements reduce the amount of a PD that can be used and are likely not needed. The same separation between commercial uses and residential uses required in other districts would provide adequate buffers in this district as well. The fringe use requirements are removed from the proposed standards, and new periphery building setbacks for nonresidential uses are added. 06 -2019 Board of Commissioners Version Board of Commissioners -July 1, 2019 ITEM: 13- 4 - 20